RAILFAB TECHNOLOGIES PVT LTD vs UNION OF INDIA

Judgment text excerpt

$~O-20 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 188/2025 Date of Decision: 20.03.2025 IN THE MATTER OF: RAILFAB TECHNOLOGIES PVT LTD .....Petitioner Through: Mr.Shyam Sunder Gangwar, Advocate. versus UNION OF INDIA .....Respondent Through: Mr.Mridul Jain, SPC with Mr.Chander Prakash, Office Superintendent. HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV JUDGEMENT PURUSHAINDRA KUMAR KAURAV, J. (ORAL) 1. Heard learned counsel appearing on behalf of the parties. 2. The facts of the case would indicate that tender was floated for the supply of item namely “Set of Carline for Power Car 200 KMPH” in the year 2019, where the petitioner was one of the participants. On 14.08.2019, the work in question was awarded vide purchase order of supply of “Set of Carline for Power Car 200 KMPH”. 3. The petitioner claims to have acted upon the purchase order and has Signature Not Verified Signature Not Verified Digitally Signed By:PRIYA Digitally Signed Signing Date:26.03.2025 By:PURUSHAINDRA 17:37:49 KUMAR KAURAV undertaken various steps. On account of issuance of certain modification advise/ cancellation advise of certain quantity of purchase order etc., the petitioner requested the respondent to cancel the purchase order without any financial repercussion. 4. According to the petitioner, on account of all those reasons, the petitioner has suffered certain losses and a legal notice was sent. The petitioner, therefore, claims an amount of Rs.12,64,083/- including interest @ 18% per annum from the cancellation of goods i.e. 29.09.2021 till the realization of the same with pendent elite future interest etc. 5. In purchase order, Indian Railways Standard Conditions of Contract are being stated to be the integral part of the contract. Clause 2900 of the said document reads as under:-