DELHI TRANSPORT CORPORATION Vs. ADWEL ADVERTISING

JUDGEMENT

(1.) Delhi Transport Corporation (hereafter 'DTC') has filed the present petition under Sec. 34 of the Arbitration and Conciliation Act, 1996 (hereafter 'the Act') assailing an interim award dated 10.12.2015 (hereafter 'the impugned award') made by the arbitrator with respect to the disputes between the parties. The disputes between the parties relate to the licence fee payable for shelters available to Adwel Advertising (hereafter 'Adwel'). According to Adwel, the number of shelters in existence were less than as advertised and allotted and, therefore, Adwel claimed that licence fee was payable only in respect of the shelters which were physically available. The arbitrator had considered the controversy between the parties and has made the arbitral award partly allowing the claims made by Adwel. DTC being aggrieved by the same has preferred the present petition.

(2.) Briefly stated, the relevant facts necessary to address the controversy are as under:

(3.) In view of the disputes, Adwel filed a petition before this Court (being A.A. 100/2004). By an order dated 24.02.2006, Justice S S Chadha (Retd.) was appointed as the arbitrator to adjudicate the controversy between the parties.