UNION OF INDIA vs M/S JAIN STEEL INDUSTRIES & ANR.

Judgment text excerpt

$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 01.11.2025 + O.M.P. 379/2008 & I.A. 5684/2019, I.A. 8776/2019 UNION OF INDIA .....Petitioner Through: Mr. Bhagwan Swaroop Shukla (CGSC) with Mr. Pradyumn Singh, Mr. Yash Baraliya, Mr. Abhishek Mishra, Advs. with Mr. Hemraj Meena (Deputy CMM Railway) versus M/S JAIN STEEL INDUSTRIES & ANR. .....Respondents Through: Mr. Ashish Khorana, 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 (“1996 Act”) seeking to challenge the Arbitral Award dated 17.04.2008 passed in case titled “M/S Jain Industries & Anr. v. Union of India & Ors.” 2. The facts of the case are that Northern Railway (respondent before the Arbitrator, hereinafter “petitioner”) floated a tender bearing No. 293/KG/Con/91041003, due on 10.08.2004, for purchase of steel with specification ISHB 150 X 150mm conforming to IS: 2062/99 Grade-A Digitally Signed O.M.P. 379/2008 Page 1 of 12 By:MAYANK Signing Date:20.11.2025 13:49:33 @ 30.6 Kg per Meter (“steel”) 3. The M/s Jain Steel Industries (claimant before the Arbitrator, hereinafter “respondent”) submitted the offer in pursuance to the above tender, which was accepted by the petitioner. Accordingly, a Purchase Order dated 02.11.2004 for supply of steel was placed with the respondent. The details of the purchase order read as under: PURCHASE ORDER NO. AND DATE KG/CON/91041003500469 dated 02.11.04 Rate Rs. 25000 PMT +Excise Duty @ 12%+2% cess on excise Duty + Sales Tax @ 2% + fright @ Rs. 900/- MT. QUANTITY 3158MT VALUE OF P.O. Rs. 9,32,27,949.60 (All inclusive) DELIVERY PERIOD To commence within 5 days of receipt of order and to be supplied as per schedule given below:- i) 1500 MT-Oct,04 to De