M/s Reva Industries Ltd Through: Sh Balraj Goel, Managing Director, Plot No 28, Sector25, Faridabad121004, Haryana ............Respondent Date of institution : 19.12.2015 Date of reserving the Judgment : 04.12.2025 Date of decision : 11.12.2025 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 584241/2016 Union of India Vs M/s Reva Industries Ltd Page No 1/36 (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 35/14. 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/OP1844 which was opened on 08.05.2009. The petitioner issued letter of acceptance dated 18.05.2010. The contract was given to the respondent for supply of cranes alongwith tools and tackles and maintainance spares on 16.08.2010 thereafter a contract has been executed between the parties. The letter dt 23.06.2010 in the shape of contact was accepted by Sh Ajeet Goud GM Manager on behalf of respondent vide letter no RO12777 Cont no 2890 dt 23.06.2010. The total value of the cranes was Rs 1,69,48,086/. The contract alongwith terms and conditions was forwarded to the respondent vide letter dt 16.06.2010 and the same was accepted by the respondent and as such the contract is having binding effect upon both the parties. The respondents were supposed to supply 5 number of cranes. 2 Cranes at Rayanapadu South Central Railway, 1 crane at Raipur East Central Railway, 1 crane at Ranaghat Eastern Railway and 1 crane at Yashwantpur South Western Railway. That the respondent was supposed 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. As per additional special condition of Bid Document for EOT cranes for reference of tenderers bid document Part II the respondent were suppose to get approved the GA ARB No 584241/2016 Union of India Vs M/s Reva Industries Ltd Page No 2/36 Drawings within six weeks + grace period of 15 days from submission of GA drawings to deliver the material within 6 months from the date of approval of GA drawings. (b) The GA drawings got approved in respect of crane No 12/10/08 & 13/10/08 on 07.07.2010 and due date for supplying the crane was 06.03.2011 but the same was supplied on 20.12.2011 and 19.12.2011 at Rayanapadu consignee and as such there is a delay of 9 months in supplying the crane. The GA drawing in respect of crane no 20/15/08 was got approved on 02.08.2010 and the delivery was to be made on 01.04.2011 but the same was supplied on 18.05.2012 and as such there is delay of 13 months in supplying the cranes. The GA drawing in respect of crane no 21/15/08 at Ranaghat Consignee was got approved on 06.05.2011 and the crane was to be supplied on 05.01.2012 but the same was supplied on 15.10.2012 and as such there is a delay of 9 months in supplying the crane at the end of consignee. The GA drawing in respect of machine no 01/7.5/08 of Yashwantpur consignee was to be submitted by 22.04.2011 but it was submitted on 18.05.2011 and as such there is one month delay in submission of DA drawing. (c) As per the petitioner clause 3200 of General Condition of Contract bid documents in partI provided as follows :" In