CENTER FOR RESEARCH PLANNING AND ACTION vs NATIONAL MEDICINAL PLANTS BOARD MINISTRY OF AYUSH GOVERNMENT OF INDIA

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on : 03 December 2024 Judgment pronounced on: 08 January 2025 + FAO (COMM) 161/2022 CENTER FOR RESEARCH PLANNING AND ACTION .....Appellant Through: Mr. Suryavansh Vashisth, Mr. Jayant Upadyay and Mr. Akshay Srivastava, Advs. versus NATIONAL MEDICINAL PLANTS BOARD MINISTRY OF AYUSH GOVERNMENT OF INDIA ....Respondent Through: Mr. Ruchir Mishra and Mr. Mukesh Kumar Tiwari, Advs. CORAM: HON’BLE MR. JUSTICE YASHWANT VARMA HON'BLE MR. JUSTICE DHARMESH SHARMA JUDGMENT 1. The appellant has preferred this appeal under Section 13(1) of the Commercial Courts Act, 2015 [―CC Act‖], read with Section 37 of the Arbitration and Conciliation Act, 1996 [―The Act‖], assailing the impugned order dated 03.06.2022 passed by the learned Single Judge in O.M.P.(Comm.) 79/2020 titled ―National Medicinal Plants Board v. Center for Research, Planning & Action”, whereby the learned Single Judge has set aside the arbitral award dated 11.02.2020. FACTUAL BACKGROUND: 2. Shorn of unnecessary details, the appellant is engaged in providing services related to data collection, organization, and Signature Not Verified FAO (COMM) 161/2022 Digitally Signed By:PRAMOD Page 1 of 29 KUMAR VATS Signing Date:09.01.2025 11:01:25 analysing. The respondent, established by the Government of India, coordinates activities concerning medicinal plants and supports policies and programs for their trade, export, conservation, and cultivation. The genesis lies in the Government of India amending the Drugs and Cosmetic Rules, 1945 vide a Gazette Notification dated 09.07.2008 that inter alia required licensed manufacturers of Ayurveda, Sidha and Unani [―ASU‖] drugs to maintain records of raw materials used in manufacturing and submit them to the State Drug Licensing