INNOVATIVE B2B LOGISTICS SOLUTIONS PRIVATE LIMITED vs CENTRAL WAREHOUSING CORPORATION

Judgment text excerpt

$~97 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 24.03.2026 + O.M.P. (COMM) 243/2018 & I.A. 6662/2023 INNOVATIVE B2B LOGISTICS SOLUTIONS PRIVATE LIMITED .....Petitioner Through: Mr. Sacchin Puri, Sr. Adv. with Mr. Piyush Sharma, Mr. Rahul Khosla, Mr. Pankaj Prakash, Mr. Sarang Rastogi, Ms. Shweta Singh & Mr. Ramapati Mishra, Advs. versus CENTRAL WAREHOUSING CORPORATION .....Respondent Through: Mr. K.K. Tyagi, Mr. Iftekhar Ahmad & Ms. Garima Tyagi, Advs. CORAM: HON'BLE MR. JUSTICE AVNEESH JHINGAN AVNEESH JHINGAN, J. (ORAL) 1. This petition under Section 34 of the Arbitration and Conciliation Act, 1996 (for short „the Act‟) is filed being aggrieved of the arbitral award dated 16.01.2018. 2. The brief facts are that the parties to the lis entered into a Memorandum of Understanding dated 05.02.2007 (for brevity „the MOU‟). The parties agreed to identify areas of mutual co-operation by Signature Not Verified Signed By:CHANCHAL O.M.P. (COMM) 243/2018 Page 1 of 11 Signing Date:25.03.2026 16:48:40 synergizing their resources for providing efficient logistic solutions through the management of rakes owned by the petitioner. 2.1 Pursuant to execution of the MOU, an agreement dated 16.07.2007 (hereinafter „the agreement‟) was executed for the hiring of wagons for container train service. Article 6.1 of the agreement provided for dispute resolution through arbitration. The relevant part is reproduced below: “6.1 Dispute resolution- All dispute or differences whatsoever arising between the parties hereto out of or relating to the construction, meaning and operation or effect of this agreement or the breach thereof which cannot be settled by mutual discussion shall be referred to and settled by arbitration under the legislation on arbitration prevailing in India and