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my question in the picture its a busniess law course we should write 400 words max is 500 words Analyze the following facts of the
my question in the picture its a busniess law course we should write 400 words max is 500 words
Analyze the following facts of the case (Oil and Natural Ga Corporation Ltd. v. Saw Pipes Ltd.) and offer legal advice by applying contract laws. In light of the contract laws what should be the judgment of the Arbitration Tribunal? Facts of The Case Oil and Natural Gas Corporation Ltd. (ONGC) (defendant), a multinational oil and gas company owned by the Government of India floated a tender for supply of casing pipes. The SAW Pipes Ltd. (prosecution), a company engaged in the supply of equipment for offshore oil exploration and maintenance, responded to the tender notice by sending a letter dated 27.12.1995. The letter sent by the SAW Ltd. specified certain terms and conditions under which they will supply the casing pipes of the specified size. It was decided that the goods will be delivered on or before 14.11.1996. The contract deed contained that if there is a failure in the supply of the goods then ONGC, without prejudice to any other right or remedy, entitled to recover from the respondent as agreed liquidated damages and not by way of penalty, a sum equivalent to 1% of the contract price of the whole unit per week for such delay or part thereof subject to a ceiling of 10% from the SAW Pipes Ltd., the respondent in the present case. This pre-estimate of the damages was agreed upon by both the parties. It was also agreed that the payment of the damages will be from the bill for payment of the cost of the material which is sent by the respondent During September and October of the year 1996 there was a general strike by the mill workers. This strike was in almost whole of the Europe which affected Italy from where the respondent supplied the requisite raw materials, they were not able to deliver the materials on time. This compelled the prosecution to ask the defendant for extension of 45 days from the agreed date of execution of order mentioned in the contract. The defendant granted the extension but with a condition that the amount equal to the liquidated damages will be recovered from the prosecution. The goods were delivered to the ONGC and they made the payment but retained an amount of US dollars 3,04,970.20 and Rs. 15,75,559 as liquidated damages. This deduction of the amount of payment was disputed. This dispute was referred to the Arbitration Tribunal under the Arbitration and Conciliation Act, 1996 to seek relief and resolve the dispute Step by Step Solution
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