Firm’s counsel claims Army falsely stated that there was amputation of the limbs of the soldiers and failed to produce any evidence

An Arbitral Tribunal in Jammu and Kashmir has ordered the Army’s Northern Command to pay a compensatory amount of Rs 17.63 crore along with interest of another Rs 11.9 crore to a private firm for breach of the terms of payment and other conditions in a case pertaining to procurement of anti-mine boots.

In July 2018, as many as 6,250 pairs of Boot Anti Mine Infantry (BAMI) were supplied to the Northern Command for Rs 16.77 crore, to be used as personal protective gear by troops deployed at the Line of Control (LoC).

The firm had contended before the Tribunal, headed by Kartar Singh, a former district judge, that despite the acceptance of 6,250 pairs and its continued use by various units, Northern Command had withheld payment on grounds of “poor quality” and “non-compliance” with the General Staff Qualitative Requirements (GSQR) of the contract.

The firm’s counsel, Maj Guneet Chaudhary (retd) He claimed that as per official records, only 0.0008 per cent injuries had taken place for the whole consignment and that all injuries were within the permissible limits of the GSQR.

He added that the Army had falsely stated that there was amputation of the limbs of the soldiers and failed to produce any evidence, Court of Inquiry proceedings or medical report concerning the injuries or individual who had lost his limb during the arbitration proceedings.

Thirteen issues of argument were framed in the case which went to the depths of the matter. The firm argued that the shoes met the terms and conditions of contract in light of the admissions of the army’s own witnesses, statements by soldiers who used BAMI on ground and the continuous endorsement of the BAMI in Technical Evaluation Board, Inspection and Acceptance Board and y the Competent Financial Authority.

The total award of about Rs 29 crore in favour of the firm includes the original cost of the shoes, interest payable till the date of order, arbitrators fees, litigation expenses and miscellaneous charges. Additional interest on the entire amount would be applicable till realization of payment.

Courtesy: The Tribune India: 6th March , 2022