UNION OF INDIA & ORS Vs. JUGNU JAYANT

JUDGEMENT

(1.) This intra Court appeal under Section 37 (1) (b) of the Arbitration and Conciliation Act, 1996 ('A & C Act' for short) read with Section 13 of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 impugns judgement dated 10.01.2017 passed by learned Single Judge in O.M.P. (Comm.) No. 147/2016 allowing objections preferred by Jugnu Jayant ('the respondent', for short) under Section 34 of the A & C Act and setting aside the Award dated 05.05.2015 passed by the sole Arbitrator.

(2.) The impugned judgement also quashes and sets aside the order dated 04.06.2013 passed by the Senior Division Commercial Manager and appellate order dated 08.08.2013 passed by the Chief Commercial Manager, Northern Railway.

(3.) Appellant and the respondent had entered into nine contracts for leasing of 4 tonnes FSLR compartments in various trains for a period of three years. The respondent was to comply with and abide by the terms and clauses of the 'Comprehensive Parcel Leasing Policy' (CPLP) enacted and enforced vide Freight Marketing Circular No. 12/2006 as amended vide Marketing Circular No.11/2017 dated 12.04.2007.