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IN
THE HON’BLE HIGH COURT OF M.P. JABALPUR |
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Petitioner
- M.P.S.E.B. V/s Respondent
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M/S MANGLAM PETROCHEMICALS,
VIDISHA GIST OF THE CASE:- M/s Manglam
Petrochemicals, Vidisha had participated in the
tender for sale of Unserviceable mixed grade lubricating oil and
unserviceable grease
available with
various Generation
Stores. The
Board vide
order dated
16.02.94 issued the sale order
on the firm
worth Rs.6,29,181.30 exclusive of Sales Tax @
12% which
is payable
extra by the firm. As
per the tendering conditions, the firm
had deposited Rs.5,000/- as earnest money and Rs.63,000/- as
Security Deposit. The total
sale value was to be
deposited in
three installments. However
the firm deposited Rs.5,10,000/- against sale
value and
lifted the sold material partially.
The balance
sale value was
not deposited upto the maximum
period of
payment stipulated in the sale order. Though the firm
was required to fulfill terms and conditions of the sale
order but they
turned out to be a defaulter. In
accordance with the
terms and
conditions of the sale order, the sale for non- lifted
material was
cancelled forfeiting the earnest money and
security deposit of the firm.
Aggrieved with this, the firm went
for Arbitration.
The Arbitrator passed an award dated 13.09.99
while passing
said award, the Arbitrator held that the firm was
entitled for refund of earnest money Rs.5,000/-, security deposit
Rs.63,000/-, Ground
Rent Rs.734.15
and Sales Tax Rs.58,787.88. Thus
total amounting to Rs.1,27,162.03. M/s
Manglam Petrochemicals,
Vidisha then moved in the Court of A.D.J.
Jabalpur for filing the Arbitration award dated
13.09.99 in
the Court
and the same be made Rule of the Court.
The application
filed by the firm has been allowed and the award dated 13.09.99 has been
made Rule of the Court.
In
view of
the above,
the Board
has filed
the application on 09.11.2001 in the High Court of M.P. Jabalpur for
setting aside the Arbitration award and the order of the District
Court. The case is under
consideration with the High Court. |