KREATE ENERGY (I) PVT LTD (FORMERLY MITTAL PROCESSOR ) vs MUNICIPAL CORPORATION OF DELHI

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 23.04.2025 Judgment pronounced on: 04.06.2025 + FAO(OS) (COMM) NO. 113/2022 KREATE ENERGY (I) PVT LTD. (FORMERLY MITTAL PROCESSOR) ...Appellant Through: Mr. Ramesh Kumar and Mr. Ashutosh Prakash, Advs. versus MUNICIPAL CORPORATION OF DELHI ...Respondent Through: Mr. Sunil Goel, Standing Counsel along with Ms. Dimple Aggarwal, Ms. Varsha and Mr. Himanshu Goel, Advs. CORAM: HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR JUDGMENT HARISH VAIDYANATHAN SHANKAR, J. 1. The instant appeal has been preferred under Section 37 of the Arbitration and Conciliation Act, 19961 against the Judgement dated 15.03.20122 in OMP No. 369/2010 titled as „Municipal Corporation of Delhi vs. Mittal Processors Pvt. Ltd.‟, passed by the 1 A & C Act 2 Impugned Judgment FAO(OS) (COMM) NO. 275/2023 Page 1 of 20 Ld. Single Judge, whereby the Arbitral Award dated 13.02.20103 passed by the Ld. Arbitrator was set aside. 2. The dispute arises out of an agreement dated 23.02.20054 executed between the parties for supply of 15,77,535.50 meters of Polyester Viscose Blend Uniform cloth for the purpose of making uniforms for students of primary schools run by the Municipal Corporation of Delhi5/the Respondent herein. 3. Briefly, the necessary facts leading up to the institution of the present appeal are as follows: 4. On 23.12.2004, a Notice Inviting Tender was published in the newspapers by the Respondent/MCD. 5. The Appellant was awarded the contract for supply of 15,77,535.50 meters of polyester viscose blend uniform cloth for the purpose of making uniforms for students and agreement dated 23.02.2005 was executed. 6. Clause 8 of the Agreement reads as follows: “the samples drawn from the supplies shal