amended statement of claim, amended
evidence statements as well as fresh documents had been filed at that
stage. He also drew my attention ... went on to the
extent of stating that the said document had been procured by the
respondent-claimant for the purposes of the arbitration
Contract and is entitled to license to LICENSEE, and all
documents, whether original or copies, containing any
such drawings, standards, specifications and technical
data, information ... necessary for the
manufacture of the Products and the Parts to be procured
in the Territory of the extent that LICENSOR shall does
necessary advisable
Delhi (MCD) intended to procure the items used for anti malaria operations
for the year 2010-11 through the procurement and consultancy service
division ... Lifecare Ltd. It was stipulated that a complete set of
bidding documents could be purchased by an interested eligible bidder on
WP(C) 4196/2010
termination of the contract, PGC
had suffered no loss as it had procured the balance goods at a much lower
price than the contracted price ... respondent admittedly
managed to procure the balance goods at much lower prices
than the contract price. So in procurement of the balance
goods the respondent
rightly did not call for
the record with regard to manner of procurement of Gram Whole by the
successful RP tenderers as, firstly, no such ... absolved of its obligation to pay liquidated
damages. In fact, from the documents on record, it is apparent that the
petitioner-objector's offer
rightly did not call for
the record with regard to manner of procurement of Barley by the
successful RP tenderers as, firstly, no such allegation ... absolved of its obligation to pay liquidated
damages. In fact, from the documents on record, it is apparent that the
petitioner-claimant's offer
prevail over Clause 15 of
the tender document which falls under Section 111 of the
tender document prescribing General Conditions. In the
absence ... purchase order, the respondent could rely upon Clause
15 of the tender document as part of General Conditions. But
in the presence of a clause
Ashok Kumar Mittal & Ors. vs Union Of India & Ors. on 5 August, 2010
arbitration or the proceedings becoming
invalid; and (iii) award has been improperly procured or
otherwise invalid. These three specific provisions under
Section 30 thus ... itself, however, mean and imply closer
scrutiny of the merits of documents and materials on record.
The court as a matter of fact, cannot substitute
advance was released on
30.10.95soon after the receipt of all the documents by 18.10.95.
It is obvious that without receipt of the Purchase Order ... Burners were not suitable
and therefore North American Burners had to be procured. This
change of Burners affected the schedule of the Claimants.
The respondents
