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15th July, 2025
HARISH TANDON, CJ.
1. An application under Section 11(6) of the Arbitration and
Conciliation Act, 1996 is taken out by the petitioner for appointment of
an arbitrator upon invoking the arbitration agreement entered into by
and between the parties for supply of the coals after the petitioner
having adjudged as a successful bidder in the notice inviting tender
floated by the opposite party.
2. Shorn of unnecessary details, the opposite party being a
Government of India undertaking floated an e-tender for supply of 8000
MT of coal of a specified quality to Odisha Sands Complex at
Matikhala, Chhatrapur in Ganjam District of Odisha on 18.11.2019.
Pursuant to the said tender, the petitioner participated by depositing the
earnest money and was subsequently declared as a successful bidder.
The purchase order was issued for supply of the aforementioned
quantity of coal with Gross Calorific Value (GCV) of 2800 to 3400
Kcal/kg in staggered manner within four months from the date of
issuance of the said purchase order. The purchase order further
stipulated the deposit of an amount equal to 5% of the total value of the
contract as security deposit in the form of irrevocable Bank guarantee
which in fact was duly complied with.
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