DAULAT RAM BRAKE MFG CO vs UNION OF INDIA (THROUGH MINISTRY OF RAILWAYS) FOR NORTHERN RAILWAYS (NR) & ORS.

Judgment text excerpt

$~J * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on: 21.05.2025 Judgment pronounced on : 31.07.2025 + O.M.P. (COMM) 151/2024, I.A. 7697/2024 DAULAT RAM BRAKE MFG CO .....Petitioner Through: Mr. Siddhartha Nagpal, Ms. Kajal Kakani, Advs. versus UNION OF INDIA (THROUGH MINISTRY OF RAILWAYS) FOR NORTHERN RAILWAYS (NR) & ORS. .....Respondents Through: Dr. B. Ramaswamy, CGSC CORAM: HON'BLE MR. JUSTICE JASMEET SINGH JUDGMENT : JASMEET SINGH, J 1. This is a petition filed by M/s Daulat Ram Brake Manufacturing Co. (petitioner) under Section 34 of the Arbitration and Conciliation, Act, 1996 (“1996 Act”) seeking to challenge the Arbitral Award dated 16.11.2023 (“Impugned Award”), whereby the counter claims of the respondent No. 1 were allowed and the petitioner was directed to pay an amount of Rs. 1,37,53,824/- to the respondent No. 1 within 90 days from the date of the award, failing which the awarded amount would carry a simple interest of 10% till the date of the actual payment. 2. By way of the present petition, the petitioner also seeks appointment of a fresh Arbitral Tribunal consisting of three independent arbitrators eligible under Section 12 and the Seventh Schedule of the 1996 Act. Digitally Signed O.M.P. (COMM) 151/2024 Page 1 of 34 By:MAYANK Signing Date:31.07.2025 15:01:32 FACTUAL MATRIX AS PER THE PETITIONER 3. The Petitioner, M/s Daulat Ram Brake Manufacturing Co., is a proprietorship firm engaged in the business of manufacturing brake blocks used in passenger coaches. 4. Respondent No.1 is Union of India for Northern Railways (NR) represented through Dy. Chief Manager/Sig/NR, Baroda House, Northern Railway, New Delhi, 110001. Respondent No. 2 is the General Manager (Northern Railways), Baroda House, Northern Railway, New Delhi, 110001. The Responden