UNION OF INDIA Vs. INLAND WORLD LOGISTICS

JUDGEMENT

(1.) The present Appeal under Sec. 37 of the Arbitration and Conciliation Act, 1996 (for short, 'the A&C Act') read with Sec. 13 of the Commercial Courts Act, 2015 (for short, 'the CCA') has been preferred against the Order dtd. 28/9/2024 passed by the learned District Judge (Commercial-03), Patiala House Courts, New Delhi (Trial Court) in O.M.P. (COMM) No.212/2019 titled 'Union of India v. Inland World Logistics Pvt. Ltd.', whereby the learned Trial Court has dismissed the petition filed by the Appellant herein under Sec. 34 of the A&C Act challenging the Arbitral Award dtd. 14/8/2018.

(2.) The Respondent before us is a lease holder with the Northern Railways (represented by the Union of India, being the Appellant herein), under the Lease Agreement dtd. 5/8/2008 (hereinafter referred to as the "Lease") as per the Comprehensive Leasing Policy formulated by the appellant. This Lease pertained to one Parcel Van that travelled between Delhi and Howrah on a round-trip basis being Train No.13039/40. The amount agreed for each of these round-trips by the parties was Rs.87,799.00. The carrying capacity of the Parcel Van was originally 25 tons, however, vide the FM circular No.14 of 2008 dtd. 24/10/2008, the same was reduced to 23 tons. Accordingly, the rate per round-trip was reduced to Rs.80,775.00 with effect from 1/4/2009.

(3.) The Lease between the parties was valid for a period of three years, commencing from 1/12/2007 and ending on 30/11/2010.