Union Of India vs Shri Alok Kansal on 31 January, 2020
20. I have duly examined the issues involved in the matter.
Taking into consideration the various dates and events, I am of the
opinion that conclusion drawn by the arbitrator is based on sound
reasons. The purchaser / petitioner was not justified in unilaterally
extending the delivery period and cannot be permitted to disown
Union of India v. Alok Kansal & Anr. Page No.14 of 16
the letter dated 04.12.2004 (although issued by the consignee) as
the copy thereof with request for deferment of supplies (after
01.04.2005 and before 30.04.2005) was sent to the contractor. The
consignee communicated through letter dated 04.12.2004 on behalf
of purchaser only. The floating of risk purchase tender on
10.12.2004 (even before the expiry of delivery period as extended
vide letter dated 04.12.2004) was not justified as the original
purchase order was still alive. No notice for cancellation of original
purchase order prior to floating risk purchase tender, was given to
the contractor. The conclusion drawn by the arbitrator is based on
facts of the case and on due appreciation of evidence and
documents.