M/s Reva Industries Ltd Through: Sh Balraj Goel, Managing Director, Plot No 28, Sector25, Faridabad121004, Haryana ............Respondent Date of institution : 16.09.2015 Date of reserving the Judgment : 25.09.2025 Date of decision : 25.09.2025 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 584412/2016 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 40/14. 2. Brief facts of the case as per the petitioner : (a) That the petitioner had invited a tender for procurement of EOT Cranes vide tender bearing no. COFMOW/OP1870/09 which was opened on 07.07.2009. The petitioner issued letter of acceptance dated 31.03.2010. The contract was given to the respondent for supply of 3 cranes along with tools and tackles and maintenance spares on 20.04.2010 and thereafter a contract has been executed between the parties. The total value of 3 cranes was of Rs. 71,31,585/. The contract alongwith terms and conditions was forwarded to the respondent vide letter dt 20.04.2010 and the same was accepted by the respondent on 03.05.2010 vide letter No R_O_12381 Cont No 2785 signed by Sh Ish Gupta, GM Contract. The respondents were suppose to supply 2 number of cranes at Jamalpur, Eastern Railway Workshop, Bihar, which falls under the jurisdiction of Chief Workshop Manager, Eastern Railway Workshop, Jamalpur, and 1 Crane at Arakkonam, Southern Railway, Tamil Nadu, which falls under the jurisdiction of Dy. Chief Engineer Engineering Workshop, Arakkonam, Southern Railway. (b) That the respondents were suppose to supply the cranes as per the specification and terms and conditions of the contract which was agreed by the respondent and was also binding upon the parties. It is stated that as per clause 1.9 of the contract the respondents were supposed to deliver the same within 6 months from the date of ARB No 584412/2016 Union of India Vs M/s Reva Industries Ltd Page No 2/33 approval of GA drawings. The GA drawings were submitted by the respondents on 04.05.2010 and 25.04.2010 and the same was approved by the consignee on 31.05.2010 & 25.05.2010. So the cranes were to be supplied by 30.11.2010 and 24.11.2010 but the crane of Jamalpur were supplied on 13.07.2012 & 14.07.2012 and the crane of Arakkonam was supplied on 16.07.2012 & 30.07.2012 and as such there was a delay of approx 21 months each in supplying the cranes. (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 liquidated damages and made payment as per provision of clause 1002 of GCC bid document partI. (e) That the respondent without first raising a dispute or invok