MMTC LIMITED vs M/S KNOWLEDGE INFRASTRUCTURE & ANR.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 19th MARCH, 2026 IN THE MATTER OF: + O.M.P. (COMM) 404/2020 & I.A. 3167/2020, I.A. 7887/2025, I.A. 28279/2025 MMTC LIMITED .....Petitioner Through: Mr. Akhil Sachar, Ms. Sunanda Tulsyan, Ms. Babita Rawat, Ms. Kashish Maheshwari, Advs. versus M/S KNOWLEDGE INFRASTRUCTURE & ANR. .....Respondents Through: Mr. Darpan Wadhwa, Sr. Advocate with Ms.Manali Singhal Adv and Mr Santosh Sachin Adv and Ms. Tarini Khurana Adv CORAM: HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD JUDGMENT 1. The instant petition is filed under Section 34 of the Arbitration & Conciliation Act, 1996, challenging an Award dated 07.11.2019 passed by the Sole Arbitrator in the arbitration proceedings between the Petitioner and the Respondents. 2. Shorn of unnecessary details, the facts leading to the filing of the instant petition are as follows:- i. Damodar Valley Corporation required supply of non-cooking steam coal for its thermal power stations situated at Koderma, Mejia and Durgapur. ii. Damodar Valley Corporation entered into an agreement with the Petitioner herein on 27.07.2012 for supply of non-cooking steam coal to its thermal power stations at Koderma, Mejia and Signature Not Verified Signed By:RAHUL O.M.P. (COMM) 404/2020 Page 1 of 21 SINGH Signing Date:21.03.2026 21:05:18 Durgapur. The scope of work under the contract included arranging vessels, stevedoring, handling, storage port clearances, arranging railway rakes etc. at the various power stations for which coal was required. iii. The Petitioner, thereafter, issued a Notice Inviting Tender (NIT) for the procurement of imported non-cooking steam coal on ‘Freight on Road (FOR) Destination Basis’ to the thermal power stations of the Damodar Valley Corporation. Respondent No.1 was declared as o