ASHI LIMITED Vs. UNION OF INDIA
LAWS(DLH)-2020-5-82
HIGH COURT OF DELHI
Decided on
May 19,2020
Ashi Limited
Appellant
VERSUS
UNION OF INDIA
Respondents
Referred Judgements :-
M.S.J. CONSTRUCTION (P) LTD V. DELHI DEVELOPMENT AUTHORITY AND ANR [REFERRED TO]THAWARDAS FHERUMAL VS. UNION OF INDIA [REFERRED TO]
SECRETARY IRRIGATION DEPARTMENT GOVERNMENT OF ORISSA SECRETARY TO GOVERNMENT OF ORISSA VS. G C ROY:RAGHUNATH MOHAPATRA [REFERRED TO]
EXECUTIVE ENGINEER DHENKANAL MINOR IRRIGATION DIVISION ORISSA VS. N C BUDHARAJ [REFERRED TO]
BHAGAWATI OXYGEN LTD VS. HINDUSTAN COPPER LTD [REFERRED TO]
M B PATEL VS. OIL AND NATURAL GAS COMMISSION [REFERRED TO]
SAYEED AHMED AND CO VS. STATE OF U P [REFERRED TO]
STATE OF HARYANA VS. S L ARORA AND COMPANY [REFERRED TO]
SREE KAMATCHI AMMAN CONSTRUCTIONS VS. DIVISIONAL RAILWAY MANAGER [REFERRED TO]
DELHI DEVELOPMENT AUTHORITY VS. POLO SINGH AND COMPANY [REFERRED TO]
STATE OF RAJASTHAN VS. FERRO CONCRETE CONSTRUCTION PVT. LTD [REFERRED TO]
ASSOCIATE BUILDERS VS. DELHI DEVELOPMENT AUTHORITY [REFERRED TO]
ASSOCIATE BUILDERS VS. DELHI DEVELOPMENT AUTHORITY [REFERRED TO]
UNION OF INDIA VS. M/S. BRIGHT POWER PROJECTS(I) P.LTD. [REFERRED TO]
RELIANCE CELLULOSE PRODUCTS LTD VS. OIL AND NATURAL GAS CORPORATION [REFERRED TO]
JUDGEMENT
Jyoti Singh, J. -
(1.)Present petitions have been filed challenging an Award dated 20.10.2014. OMP 200/2015 is filed by M/s. Ashi Private Limited (hereinafter referred to as 'Petitioner') and OMP 210/2015 is filed by the Union of India (hereinafter referred to as 'Respondent') challenging some portions of the same Award dated 20.10.2014. Since challenge in both the petitions is to the same Award and common questions of fact and law arise, the petitions are being disposed of by a common judgment.
(2.)Shorn of unnecessary details, the brief facts are that a contract agreement was entered into between Chief Engineer/DSP Northern Railway and the Petitioner on 10.06.2003 for manufacture and supply of 3,29,000 pre-stressed concrete (hereinafter referred to as 'PSC') sleepers. Total value of the contract was Rs. 23,24,05,600/-, @ ex-works unit rate of Rs. 706.40 per sleeper, subject to escalation/de-escalation as per the Agreement.
(3.)Petitioner commenced the supplies and some of these sleepers laid by the Respondent on the Delhi-Shahdara-Shamli-Saharanpur Section developed cracks. Vide letter dated 09.07.2003, Respondent advised the Petitioner to suspend production and dispatch, till further instructions. Subsequent to the letter, inspections of the factory were carried out by Research Design and Standards Organization (hereinafter referred to as 'RDSO') and Northern Railway and as per their Report, certain deficiencies were found in the manufacturing process.
(2.)Shorn of unnecessary details, the brief facts are that a contract agreement was entered into between Chief Engineer/DSP Northern Railway and the Petitioner on 10.06.2003 for manufacture and supply of 3,29,000 pre-stressed concrete (hereinafter referred to as 'PSC') sleepers. Total value of the contract was Rs. 23,24,05,600/-, @ ex-works unit rate of Rs. 706.40 per sleeper, subject to escalation/de-escalation as per the Agreement.
(3.)Petitioner commenced the supplies and some of these sleepers laid by the Respondent on the Delhi-Shahdara-Shamli-Saharanpur Section developed cracks. Vide letter dated 09.07.2003, Respondent advised the Petitioner to suspend production and dispatch, till further instructions. Subsequent to the letter, inspections of the factory were carried out by Research Design and Standards Organization (hereinafter referred to as 'RDSO') and Northern Railway and as per their Report, certain deficiencies were found in the manufacturing process.
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