UNION OF INDIA vs M/S. RAIL TRACK CONCRETE PRODUCTS PRIVATE LIMITED

Judgment text excerpt

$~56 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 24.07.2025 + O.M.P. (COMM) 77/2021 UNION OF INDIA .....Petitioner Through: Mr. Mukul Singh, CGSC with Ms. Ira Singh, Mr. Aryan Dhaka, Mr. Adhiraj Singh, Advs. versus M/S. RAIL TRACK CONCRETE PRODUCTS PRIVATE LIMITED .....Respondent Through: Mr. Sauvik Nandy, Sr. Adv. with Mr. Sarad Singhania, Adv. CORAM: HON'BLE MR. JUSTICE JASMEET SINGH : JASMEET SINGH, J (ORAL) 1. This is a petition filed under Section 34 of the Arbitration and Conciliation Act, 1996 seeking to challenge the majority Award dated 07.05.2019, which was corrected/modified on 25.12.2019. 2. The facts are that the respondent/claimant participated in the open tender called by the Railway Board for manufacture and supply of Pre-stressed Mono-Block concrete sleepers to RDSO drawing No. T/2496.Vide letter dated 19.11.2009, the Railway Board issued a counter offer which was unconditionally accepted by the respondent/claimant, whereafter the Railway Board issued a Letter of Acceptance dated 08.01.2010. 3. As per the Letter of Acceptance, the ordered quantity of sleepers was 1 Digitally Signed By:DEEPANSHU MALASI Signing Date:04.08.2025 18:39:47 lakh numbers (1,00,000 numbers) with a delivery period of 2 years, 37 days, i.e. upto 25.12.2011 and the average rate of production required was @ 4,000 numbers of sleeper per month or at least 139 numbers per day.In terms of the aforesaid letter of acceptance, a ContractAgreement being CA No. CE/CS-19/2010 dated 16.03.2010 was executed between the parties and the date of delivery as per Contract was 25.12.2011. 4. However, the respondent/claimant produced only 38,913 numbers of sleepers against the total order supply of 1,00,000 numbers of sleepers and 61,087 numbers of sleepers remained as balance. 5. Disp