BENTWOOD SEATING SYSTEM P LTD vs AIRPORT AUTHORITY OF INDIA & ANR.

Judgment text excerpt

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 11th MARCH, 2025 IN THE MATTER OF: + ARB. A. (COMM.) 55/2023 & I.A. 25113/2023, I.A. 25114/2023, I.A. 3993/2024 BENTWOOD SEATING SYSTEM (P) LTD. .....Appellant Through: Mr. S.D. Singh, Mr. Kamla Prasad, Mrs. Meenu Singh, Mr. Siddharth Singh, Advocates. versus AIRPORT AUTHORITY OF INDIA & ANR .....Respondents Through: Mr. Digvijay Rai, Mrs. Chetna Rai, Mr. Archit Mishra & Mr. Raghib Ali Khan, Advocates with Mr. Gagan Kochar, Sr. Manager (Law), AAI. CORAM: HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD JUDGMENT 1. The present Appeal has been filed under Section 37(2)(a) of the Arbitration and Conciliation Act, 1996 (hereinafter 'Act of 1996') read with Section 13 of the Commercial Court Act by the Appellant against the Orders dated 14.08.2023 and 16.08.2023 passed by the Ld Arbitral Tribunal while adjudicating the disputes which have arisen between the parties i.e. the Appellant and the Respondents-herein under a Tender No.Tech 06/2017 (Tender ID 2017_AAI_150_1), dated 02.11.2017 for 'Supply and Comprehensive Annual Maintenance Contract (CAMC of 4000 Nos. passengers baggage trolleys) Stainless Style type for various airports' Signature Not Verified Digitally Signed By:SHAZAAD ZAKIR ARB. A. (COMM.) 55/2023 Page 1 of 36 Signing Date:12.03.2025 16:55:06 wherein the Ld. Arbitral Tribunal has held that the dispute is not arbitrable on the ground of fraud played by the Appellant. 2. Shorn of unnecessary details, the facts in brief, leading to the filing of the instant appeal are as under:- i. It is stated that the Respondents had invited bids for 'Supply and Comprehensive Annual Maintenance Contract (CAMC of 4000 Nos. Passengers Baggage Trolleys ("PBTs")) Stainless Style type for various airports'. The relevant Clauses of the Te