M/S TRAFFIC MEDIA(INDIA) vs DELHI METRO RAIL CORPORATION

Judgment text excerpt

$~J * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on: 18.09.2025 Judgment pronounced on:24 .12.2025 + O.M.P. 1277/2013 M/S TRAFFIC MEDIA (INDIA) ...Petitioner Through: Mr. Arvind Nayar, Sr Adv, Mr. Aman Vaccher, Mr. Ashutosh Dubey, Advs. versus DELHI METRO RAIL CORPORATION ...Respondent Through: Mr. Arjun Natarajan, Mr.Aayush Kumar, Mr. Nakul Gupta, Advs. CORAM: HON'BLE MR. JUSTICE JASMEET SINGH JUDGMENT 1. This is a petition filed under Section 34 of the Arbitration and Conciliation Act, 1996 (“the Act”) seeking setting aside of the Arbitral Award dated 01.02.2013 passed by the Arbitrator in the matter of “M/s Traffic Media (India) Pvt. Ltd v. Delhi Metro Rail Corporation.” FACTUAL BACKGROUND 2. The petitioner, M/s Traffic Media (India) Pvt. Ltd., (Claimant in the Arbitral Proceedings) is a company engaged in the business of outdoor, indoor and transit advertising. In 2010, the respondent, Delhi Metro Rail Corporation (“DMRC”) (Respondent in the Arbitral Proceedings), invited tenders for grant of advertising rights through pre-designed panels Digitally Signed By:MAYANK O.M.P. 1277/2013 Page 1 of 31 Signing Date:24.12.2025 18:48:12 inside RS-3 standard gauge metro trains operating on two metro corridors, namely the Inderlok–Mundka Line (Line-5) and the Central Secretariat - Badarpur Line (Line-6). 3. The petitioner submitted its bid on 16.04.2010 and was declared the highest bidder. Following negotiations, DMRC issued a letter of acceptance dated 06.05.2010 confirming the licence fee rates and the advertising area per train. Thereafter a Contract Agreement (“Contract”) was entered into on 02.07.2010. Initially, 12 four-car RS-3 trains were proposed to be handed over to the petitioner, and the petitioner deposited the requisite licence fee and security amou