NORTHERN RAILWAYS SENIOR DIVISIONAL COMMERCIAL MANAGER vs M/S JAGRAN ENGAGE

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 13th JANUARY, 2026 IN THE MATTER OF: + O.M.P. (COMM) 259/2024, I.A. 31802/2024, I.A. 31804/2024 & I.A. 31805/2024 NORTHERN RAILWAYS SENIOR DIVISIONAL COMMERCIAL MANAGER .....Petitioner Through: Mr. Om Prakash along with Ms. Swati Mishra,, Mr. Chandresh Pratap and Ms. Komal Yadav, Advocates. versus M/S JAGRAN ENGAGE .....Respondent Through: Mr. B. K. Mishra, Ms. Poonam Atey, Mr. Siraj malik Ms. Alankrita Shukla, Advocates CORAM: HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD JUDGMENT 1. The present Petition under Section 34 of the Arbitration and Conciliation Act, 1996 has been filed by the Petitioner challenging the Award dated 28.02.2019, passed by the learned Sole Arbitrator. 2. The primary ground taken by the Petitioner is that the appointment of Arbitrator was unilateral in nature and, therefore, the award be set aside. The question which therefore, arose before this Court was as to whether a party which appoints the arbitrator can turn around and challenge the Award on the ground of unilateral appointment or not. 3. The facts, in brief, leading to the present Petitions, are that on Signature Not Verified Signed By:HARIOM O.M.P. (COMM) 259/2024 Page 1 of 12 SINGH KIRMOLIYA Signing Date:16.01.2026 17:39:31 03.02.2017, the Petitioner herein invited tenders for grant of advertisement rights through vinyl wrapping on the exterior of Shatabdi trains running on the New Delhi–Amritsar (Train Nos. 12029/30) and New Delhi–Kalka (Train Nos. 12005/06) routes. It is stated that pursuant thereto, the Petitioner herein entered into two Licence Agreements dated 03.02.2017 with the Respondent herein, granting advertisement rights to the Respondent for a period of three years. It is stated that in terms of the said Agreements, the