CENTER FOR RESEARCH PLANNING Vs. NATIONAL MEDICINAL PLANTS BOARD MINISTRY OF AYUSH GOVERNMENT OF INDIA

JUDGEMENT

(1.) The appellant has preferred this appeal under Sec. 13(1) of the Commercial Courts Act, 2015 ["CC Act"], read with Sec. 37 of the Arbitration and Conciliation Act, 1996 ["The Act, assailing the impugned order dtd. 3/6/2022 passed by the learned Single Judge in O.M.P. (Comm.) 79/2020 titled "National Medicinal Plants Board v. Center for Research, Planning & Action", whereby the learned Single Judge has set aside the arbitral award dtd. 11/2/2020.

(2.) Shorn of unnecessary details, the appellant is engaged in providing services related to data collection, organization, and analysing. The respondent, established by the Government of India, coordinates activities concerning medicinal plants and supports policies and programs for their trade, export, conservation, and cultivation. The genesis lies in the Government of India amending the Drugs and Cosmetic Rules, 1945 vide a Gazette Notification dtd. 9/7/2008 that inter alia required licensed manufacturers of Ayurveda, Sidha and Unani ["ASU"] drugs to maintain records of raw materials used in manufacturing and submit them to the State Drug Licensing Authorities, the respondent or its nominated agencies, in the prescribed format Schedule TA of the Notification.

(3.) In accordance with the said Notification, the respondent issued a public advertisement dtd. 15/2/2012, inviting Expression of Interest ["EOI"] or Terms of Reference ["TOR"] for the engagement of an agency to oversee the maintenance of records pertaining to raw materials utilized by ASU-licensed drug manufacturers. The consultancy's stated objective encompassed the inclusion of approximately 8,000 ASU pharmacies nationwide in the study. The EOI elaborated on various terms and conditions, including the scope of work, tenure, and payment provisions.