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2020 Supreme(Online)(MAD) 10178

HIGH COURT OF MADRAS
Hon`ble Ms. Justice P.T. ASHA
M/s.T.S.Kisan and Company Pv – Appellant
Versus
Heavy Vehicles Factory – Respondent


O R D E R

The claimant before the arbitral Tribunal has invoked the Jurisdiction of this Court under Section 34 of the Arbitration and Conciliation Act, 1996 challenging the award passed by the sole arbitrator on 13.11.2017. The brief facts that has culminated in the filing of the above petition are as follows:

Claimant's Case:

2. On 14.07.2008, the respondent has issued two tender notices.

The first tender was with reference to Heavy Thermo Pressed Plates. The second tender was with reference to the Light Thermo Pressed Plates. The tender purchase committee awarded the bid to the petitioner on 30.09.2008. As per the terms of the tender the manufacture and supply by the petitioner was determined by the supply of raw-material by the respondent. The petitioner on successfully bidding for the tender had borrowed from the bank and had placed the order for supply of a new hydraulic press of 12,000 ton capacity.

3. The petitioner would submit that the respondent caused a delay in the release of dies. The petitioner therefore sent two letters dated 01.01.2009 and 05.03.2009 requesting permission to examine the dies. Ultimately, the dies were delivered on 29.04.2009 nearly six months after the

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