M/S L AND D JV vs CONTAINER CORPORATION OF INDIA

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 20.01.2026 Judgment pronounced on: 03.02.2026 Judgment uploaded on: 03.02.2026 + FAO(OS)(COMM) 10/2026 & CM APPL. 3484/2026 M/S L AND D JV .....Appellant Through: Mr. Sarthak Sawhney, Adv. versus CONTAINER CORPORATION OF INDIA LTD. .....Respondent Through: Mr. R. K. Joshi, Mr. Ojusya Joshi and Mrs. Shabnam Joshi, Advs. CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE AMIT MAHAJAN JUDGMENT ANIL KSHETARPAL, J.: 1. The present Appeal, preferred by the Appellant, assails the correctness of judgment and order dated 05.08.2025 [hereinafter referred to as the ‘Impugned Order’] passed by the learned Single Judge in O.M.P.(COMM) 440/2024, whereby the petition filed by the Appellant under Section 34 of the Arbitration and Conciliation Act, 1996 [hereinafter referred to as the ‘1996 Act’] challenging the arbitral award dated 04.07.2024, passed by the learned Arbitral Tribunal, came to be dismissed. Signature Not Verified Signed By:JAI NARAYAN Signing Date:03.02.2026 FAO(OS)(COMM) 10/2026 Page 1 of 15 13:05:58 2. The issue which arises for consideration in the present Appeal is whether, in exercise of appellate jurisdiction under Section 37 of the Arbitration and Conciliation Act, 1996, this Court ought to interfere with the order passed by the learned Single Judge dismissing the Appellant’s petition under Section 34, particularly when the arbitral award rests on a finding that the Appellant is barred from raising any claim on account of the No Claim Certificate and allied declarations executed by it. FACTUAL MATRIX: 3. In order to appreciate the controversy involved in the present Appeal, it would be apposite to briefly advert to the material facts giving rise thereto. 4. The Respondent awarded a wo