UNION OF INDIA THROUGH THE GENERAL MANAGER CENTRAL RAILWAY vs PLR HC RBE JV

Judgment text excerpt

CARBP.51.2024 (corrected).doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMMERCIAL ARBITRATION PETITION NO.51 OF 2024 Union of India Through The General Manager Central Railway ...Petitioner Versus PLR HC RBR JV ...Respondent WITH INTERIM APPLICATION (L) NO.20681 OF 2024 IN COMMERCIAL ARBITRATION PETITION NO.51 OF 2024 PLR HC RBR JV ….Applicant IN THE MATTER BETWEEN Union of India Through The General Manager Central Railway ...Petitioner Versus PLR HC RBR JV ...Respondent Mr. R.V. Govilkar, Senior Advocate a/w. N.R. Bubna, & Rui Rodrigues., Advocates for Petitioner. Mr. Vishwajit P. Sawant, Senior Advocate a/w. Vasudeva Naidu i/b. Prabhakar M. Jadhav, Advocates for Respondent. CORAM : SOMASEKHAR SUNDARESAN, J. RESERVED ON : FEBRUARY 28, 2025. PRONOUNCED ON : JUNE 24, 2025. JUDGEMENT: Digitally signed by AARTI AARTI GAJANAN Context and Factual Background: GAJANAN PALKAR PALKAR Date: 2025.07.02 1. This is a Petition under Section 34 of the Arbitration and 13:03:44 +0530 Conciliation Act, 1996 (“the Act”) challenging an arbitral award dated Page 1 of 31 June 24, 2025 Aarti Palkar (This order is corrected pursuant to the Speaking to the Minutes of Judgment dated June 25, 2025.) CARBP.51.2024 (corrected).doc May 31, 2023 (“Impugned Award”) in connection with disputes and differences relating to an agreement dated September 24, 2018 (“Agreement”). The Agreement relates to work connected with the railway line between Wardha and Nanded and related to embankment, cutting including bridge approaches, trolley refuges, construction of side drains, minor bridges etc. 2. The Agreement was preceded by a tender notice dated October 25, 2017, issued by the Petitioners (collectively, “ Railways”). The offer made by the Respondent, a joint venture (“ C