NATIONAL COUNCIL OF EDUCATION RESEARCH & TRAINING vs M/S MURLI INDUSTRIES LTD.

Judgment text excerpt

$~J * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on: 15.07.2025 Judgment pronounced on: 10.10.2025 + O.M.P. (COMM) 363/2020 NATIONAL COUNCIL OF EDUCATION RESEARCH & TRAINING ………Petitioner Through: Mr. Satya Prakash Sharan and Mr. Manish Kumar Sharan, Advs. versus M/S MURLI INDUSTRIES LTD. …….....Respondent Through: Mr. Ashutosh Dubey, Adv. CORAM: HON'BLE MR. JUSTICE JASMEET SINGH JUDGMENT 1. This is a petition filed under Section 34 of the Arbitration and Conciliation Act, 1996 (“1996 Act”) seeking to set aside the Arbitral Award dated 25.06.2013 passed in the arbitration proceedings titled as “M/s Murli Industries Ltd. vs. National Council Of Education Research and Training (NCERT)”, wherein the Sole Arbitrator partially allowed the claims of the respondent and awarded a sum of Rs. 2,04,33,368/- with interest @ 12% p.a. to the respondent. 2. The petitioner before this Court was the respondent in the arbitration proceedings and the respondent herein was the claimant. O.M.P. (COMM) 363/2020 Page 1 of 61 Digitally Signed By:MAYANK Signing Date:10.10.2025 15:26:46 FACTUAL BACKGROUND 3. The petitioner i.e., National Council of Education Research and Training frames and develops the National curriculum Framework and also prepares and publishes textbooks for schools throughout the country. 4. The respondent is a Public Limited Company, engaged in the business of paper manufacturing and supplying to various government and semi-government organisations and private entrepreneurs. 5. In July 2010, the petitioner invited Tender (“Tender”) for supply of 16,845 MTs of Maplitho Paper and the respondent emerged as the successful bidder. The said Tender contained arbitration clause being Clause Nos. 23.03 and 23.04 of Conditions of Contract of the Tender, which read as u