M/s Reva Industries Ltd Through: Sh Balraj Goel, Managing Director, Plot No 28, Sector25, Faridabad121004, Haryana ............Respondent Date of institution : 02.09.2015 Date of decision : 21.07.2025 JUDGMENT 1. (i) That the petitioner is an organization called COFMOW established under the Ministry of Railways by the Government of India for modernizing Indian Railways workshops and act on behalf of President of India, the controller of stores, Central Organization for Modernization of Workshops, New Delhi, India. ARB No 584150/2016 Union of India Vs M/s Reva Industries Ltd Page No 1/33 (ii) That the present petition is being filed under Section 34 of Arbitration and Conciliation Act 1996 for setting aside the Arbitral award dt 02.07.2015 passed by Sh R P Bhasin, Ld Sole Arbitrator (Retired District & Sessions Judge) in case no 37/14. 2. Brief facts of the case: (a) That the petitioner had invited a tender for procurement of EOT Cranes vide tender bearing no. COFMOW/OP1767/08 which was opened on 16.06.2008. The petitioner issued letter of acceptance dated 18.03.2009. The contract was given to the respondent for supply of cranes along with tools and tackles and maintenance spares on 28.07.2009 and thereafter a contract has been executed between the parties. The total value of the cranes was of Rs. 97,97,334/. The contract alongwith terms and conditions was forwarded to the respondent vide letter dt 28.07.2009 and the same was forwarded to the respondent on 08.08.2009 vide their letter bearing no R_O_ 9856 Con No 2372 signed by Ish Gupta, GM Contracts on behalf of the respondent as such the contract is having binding effect upon both the parties. As per the contract, the respondent was supposed to supply 4 number of cranes: S No Crane No Consignee 1 Crane No 10/03/07 Samistapur, Bihar 2 Crane No 17/05/07 Budgaon, Jammu & Kashmir 3 Crane No 18/05/07 Raxual, Bihar 4 Crane No 19/05/07 Hajipur, Bihar (b) That the respondent was supposed to supply the cranes as per the specification and terms and conditions of the contract which was ARB No 584150/2016 Union of India Vs M/s Reva Industries Ltd Page No 2/33 agreed by the respondent and was also binding upon the parties. As per clause 1.10 of the contract, the respondent was supposed to deliver the same within 68 months from the date of approval of GA Drawings. The Hazipur, Bihar crane was cancelled and there has been no delay with respect to the crane to be supplied at Samastipur, Bihar where there was a delay in the approval of GA Drawings. As per the Petitioner there was a delay in approval of GA Drawings with respect to Cranes to be supplied at Raxual, Bihar also. As per the Petitioner there has been a delay in the supply of cranes at Budgaon, Jammu and Kashmir and Raxual, Bihar and the contract provided for the imposition of Liquidated Damages as per GCC clause 1002 of the contract. (c) As per the petitioner clause 3200 of General Condition of Contract bid documents in partI provided as follows :" In the event of any question, dispute or differences arising under the conditions or instructions of tenderer the same was to be referred to sole arbitration to the gazetted railway officer to be appointed by the Chief Administrative Officer of COFMOW, New Delhi, India and no other person could be appointed as the Arbitrator. (d) That the respondent supplied the goods/material as per the contract and raised an invoice and since the contractual obligation were not fulfilled within stipulated time period, the petitioner at the time of clearing the amount towards the invoice, deducted li