ZAPDOR-UBC-ABNJV DELHI Vs. U.O.I.

JUDGEMENT

(1.) Heard Sri Divyam Krishna and Sri Utkarsh Srivastava for the Petitioners and Sri Brajesh Kumar Shukla along with Pratyush Chaubey for the Respondents. The Petitioners have challenged the order passed by the Learned District Judge/Commercial Court, Lucknow dtd. 12/12/2019 rejecting the Petitioners Application for Return of Arbitration Application filled under Sec. 34 by the Railways against Award of the Arbitral Tribunal dtd. 6/3/2019 , and allowing the Application for Condonation of Delay moved by the Respondents.

(2.) The facts as mentioned in the petition briefly are that on 30/10/2015 the Respondents floated a Tender Notice entitled "Design, Supply, Erection, Testing and Commissioning of 25 KV, 50 Hz Single Phase, Electrification works including OHE And TSS composite Electrical Works (hereinafter referred to as the Tender Paper ELCORE) The Petitioner's bid was adjudged viable and a Letter of Acceptance awarding the contract for a total value of more than Rs.30.00 crores 27 lakhs was issued by the Chief Electrical Engineer/P&D Central Organisation for Railway Electrification (CORE) at Allahabad 19/4/2016. An Agreement was executed on 14/7/2016 between the Petitioner and Chief Project Director Railway Electrification Lucknow, as the contract was to be operated for the composite electrification works in Jafrabad - Akbar Pur - Tanda Sec. under the supervision and control of Divisional Headquarters at Lucknow.

(3.) The contract was terminated by the Respondents because of slow progress as only 8 % of the work was completed in seven and a half months as opposed to hundred percent target for fifteen months.