ROADWINGS INTERNATIONAL PRIVATE LIMITED vs CONTAINER CORPORATION OF INDIA LTD. THROUGH ITS CHAIRMAN AND MANAGING DIRECTOR & ORS.

Judgment text excerpt

$~J * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment pronounced on : 24.02.2025 + W.P.(C) 1136/2025 and CM APPL.5598/2025 ROADWINGS INTERNATIONAL PRIVATE LIMITED .....Petitioner Through: Mr. P. Chidambaram, Sr. Adv., Mr. Abhishek Swarup, Ms. Samriddhy Jindal and Mr. Chetan Sharma, Advs. versus CONTAINER CORPORATION OF INDIA LTD. THROUGH ITS CHAIRMAN AND MANAGING DIRECTOR & ORS. .....Respondents Through: Mr. Tushar Mehta, Solicitor General (through VC), Mr. Sanjay Jain, Sr. Adv., Mr. Lalit Mohini Bhat, Ms. Hetu Arora Sethi, Mr. R.K. Joshi, Ms. Soumya Tandon, Mr. Siddharth Aggarwal, Mr. Nirmal Prasad, Mr. Anirdh Bhat and Mr. Ojusya Joshi, Advs. for R-1. Mr. Vineet Dhanda, CGSC, Mr. Haridas Medha and Ms. Shweta Shandilya, Advs. for R-2 and 3. CORAM: HON'BLE MR. JUSTICE SACHIN DATTA JUDGMENT 1. The present petition seeks issuance of a writ in the nature of mandamus to direct the respondent no.1 to pay certain additional amount/s pursuant to a settlement agreement in accordance with clause 10(b) of the Vivad Se Vishwas-II (Contractual Dispute) Scheme (hereinafter referred as Signature Not Verified Digitally Signed W.P.(C) 1136/2025 Page 1 of 13 By:ABHISHEK THAKUR Signing Date:27.02.2025 06:42:26 ‘VSV-II Scheme’). 2. The said settlement agreement dated 03.07.2024 has been executed between the petitioner and respondent no.1 in the background of an Arbitral Award dated 01.06.2022, passed by a three-member Arbitral Tribunal in favour of the petitioner while adjudicating a dispute arising out of Contract No. CONT/T/RST/2009 dated 18.03.2010 entered between aforesaid parties. The operative portion of the Award reads as under: “1. The claimant is entitled to recover from the respondents a total amount of Rs.58,53,60,449/- (Rupees Fifty-Eight Crores Fifty-Three Lakhs Sixty Thous