UNION OF INDIA vs BRIDGE TRACK AND TOWER PVT. LTD.

Judgment text excerpt

901-ARBP-221-2023.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY rrpillai ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO. 221 OF 2023 Union of India, through Principal Chief Engineer / Deputy Chief Engineer, having office At Central Railway, represented by Dy. CE/TP, Central Railway, CSMT, Mumbai. … Petitioner Vs. M/s. Bridge Track And Tower Pvt. Ltd. (earlier known as M/s. Manish Forgings Pvt. Ltd.), a private ltd. company having its office at 6th floor 18 R. N. Mukherjee Road, Kolkata- 700 001. And also having address at:- Shed No. 2, Plot No. 10, Sector-A, Urla Industrial Estate, Raipur- 492 221. … Respondent Mr. Chetan C. Agrawal a/w Saurabh Gori for the Petitioner/Applicant. Mr. Aseem Naphade a/w Deepanjali Mishra a/w A. P. Singh i/b A. P. Singh & Co. for the Respondent. CORAM : GAURI GODSE, J RESERVED ON : 17th OCTOBER 2025 Digitally PRONOUNCED ON : 4th FEBRUARY 2026 signed by RAJESHWARI RAJESHWARI RAMESH RAMESH PILLAI PILLAI Date: 2026.02.04 Page no. 1 of 21 15:09:37 +0530 901-ARBP-221-2023.doc JUDGMENT: 1. This arbitration petition is filed under Section 34 of the Arbitration and Conciliation Act, 1996 (“Arbitration Act”), to set aside the arbitral award passed by the sole arbitrator. The claim in the arbitration is based on a purchase order placed by the petitioner with the respondent (claimant) for the fabrication and supply of 344 fans weighing 60 kg, shaped switches, as per the contract between the parties. By the arbitral award, the respondent’s claim is granted for non-payment of Rs. 24,93,462/- towards the cost of supply of 45 sets of contract goods, and the PVC amount of Rs. 6,38,932/-, which was withheld by the respondent. Basic Facts: 2. The petitioner had placed a purchase order with the respondent for the fabrication and supply of 344 se