HINDUSTAN HYDRAULICS PVT. LTD. vs UNION OF INDIA

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on : 20.02.2025 Pronounced on : 09.06.2025 + O.M.P. (COMM) 6/2017 HINDUSTAN HYDRAULICS PVT. LTD. .....Petitioner Through: Mr. Faisal Zafar, Advocate versus UNION OF INDIA .....Respondent Through: Mr. Mukul Singh (CGSC), Ms. Ira Singh and Mr. Bharat Singh, Advocates. CORAM: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI JUDGMENT 1. The present petition has been filed under Section 34 of the Arbitration & Conciliation Act, 1996 (hereafter, the „A&C Act‟) seeking setting aside of impugned award dated 05.09.2016 passed by the Arbitral Tribunal comprising of Sole Arbitrator (hereafter, „AT‟). 2. The Respondent, through Central Organization for Modernization of Workshops (COFMOW) issued a tender notice dated 29.03.2004 for procuring a “Double Column Guillitone Shearing Machine with Hydraulic Main Drive”. The Petitioner offered to sell the aforesaid machine to the Respondent vide its offer letter dated 27.03.2004 which was duly accepted by the Respondent on 07.06.2005, subject to terms and conditions mentioned in the acceptance letter. Signature Not Verified O.M.P. (COMM) 6/2017 PageSigned 1 of By:MANOJ 15 KUMAR OHRI Signing Date:09.06.2025 05:01:55 3. Petitioner returned the signed copy of the terms and conditions of the contract vide its letter dated 21.06.2005, in acceptance of the same. 4. As per the terms, the Petitioner was obligated to deliver the machine within a period of ten months from the date of issue of advance acceptance of the tender by the Respondent-which was 21.06.2005. From this date the delivery period of 10 months expired on 21.04.2006. 5. The machine was delivered on 28.07.2008, after considerable delay and more precisely 3 years and 1 month of the acceptance of tender, which became a point of contention between