KONKAN RAILWAY CORPORATION LTD. vs SRC COMPANY INFRA PRIVATE LIMITED

Judgment text excerpt

Jt-CARBP-641&646-2021.doc Sharayu Khot. IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMMERCIAL ARBITRATION PETITION NO. 646 OF 2021 WITH INTERIM APPLICATION (L) NO. 4926 OF 2020 IN COMMERCIAL ARBITRATION PETITION NO. 646 OF 2021 ALONG WITH COMMERCIAL ARBITRATION PETITION NO. 641 OF 2021 WITH INTERIM APPLICATION (L) NO. 4949 OF 2020 IN COMMERCIAL ARBITRATION PETITION NO. 641 OF 2021 Konkan Railway Corporation Ltd. …Petitioner Versus M/s. SRC Company Infra Private Ltd. …Respondent ---------- Mr. Simil Purohit, Senior Counsel a/w Mr. Subit Chakrabarti, Ms. Srushti Thorat and Ms. Aashka Vora i/b Vidhii Partners for the Petitioner. Mr. Anil Anturkar, Senior Counsel a/w Mr. Kunal Kumbhat, Mr. Karthik Pillai, Ms. Kashish N. Chelani, Mr. Atharva Date & Mr. Harshvardhan Suravanshi i/b Ms. Sunanda R. Kumbhat for the SHARAYU PANDURANG KHOT Respondent. ---------- Digitally signed by SHARAYU PANDURANG KHOT CORAM : R.I. CHAGLA J. Date: 2025.11.14 15:56:14 +0530 Reserved on : 12 June 2025 Pronounced on : 14 November 2025 1 Jt-CARBP-641&646-2021.doc JUDGMENT : 1. By the Commercial Arbitration Petition No. 646 of 2021, the Petitioner- Respondent in the arbitral proceedings has impugned the majority Award dated 22nd May 2020 (“the said Award”) under Section 34 of the Arbitration and Conciliation Act, 1996 (“the Arbitration Act”). 2. In the companion Commercial Arbitration Petition No. 641 of 2021, an identical Award has been challenged. In view of the parties having referred to the pleadings and records of the Commercial Arbitration Petition No. 646 of 2021 during the oral arguments and the written submissions filed therein, the facts in that Arbitration Petition is being adverted to. 3. The brief background of facts are as under:- (i) The National Ther