CONTAINER CORPORATION OF INDIA LIMITED vs M/S WATRANA TRACTION COMPANY

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 31.07.2025 Judgment delivered on: 21.08.2025 + FAO(OS)(COMM) 64/2022 & CM APPL. 13418/2022 (for stay) CONTAINER CORPORATION OF INDIA LIMITED .....Appellant Through: Mr. Sudhir Nandrajog, Sr. Adv. with Mr. Rishi Awasthi & Mr. Avinash Ankit, Advocates. versus M/S WATRANA TRACTION COMPANY .....Respondent Through: Mr. Manish Vashisth Sr. Adv. with Mr. Sanjeev Kumar & Mr. Pankaj Kashyap, Advocates. CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR JUDGEMENT HARISH VAIDYANATHAN SHANKAR J. 1. The present Appeal, filed under Section 37(1)(b) of the Arbitration & Conciliation Act, 19961 read with Section 13 of the Commercial Courts Act, 2015, challenges the Judgment dated 17.01.2022 2 passed by the learned Single Judge of this Court in O.M.P.(COMM) No. 182/2021, as well as the Arbitral Award dated 20.01.2021 3 . By the Impugned Judgment, the learned Single Judge 1 A&C Act 2 Impugned Judgment 3 Award Signature Not Verified Digitally Signed By:HARVINDER KAUR BHATIA FAO(OS) (COMM) 64/2022 Page 1 of 47 Signing Date:22.08.2025 18:20:07 upheld the Award, which had been rendered by a sole Arbitrator. BRIEF FACTS: 2. The Appellant issued a Notice Inviting Tender for providing Mechanized Cargo Handling and Inventory Management Services at Inland Container Depots. The Respondent submitted an online bid, was declared the successful bidder, and was issued a Letter of Intent dated 11.09.20174. 3. A Contract dated 18.09.20175 was thereafter executed, under which the Respondent undertook to provide the services for a period of four years, with an option for extension by one year. 4. In compliance with the LOI, the Respondent furnished a Bank Guarantee6 of Rs. 25,00,000/-. 5. The record