PRAJAPATI GUNWANT KESHAVLAL Vs. UNION OF INDIA

JUDGEMENT

(1.) By this petition filed under section 34 of the Arbitration & Conciliation Act, 1996 (for short "Arbitration Act"), the petitioner has impugned the arbitral award dated 18th March, 2016 passed by the learned arbitrator rejecting all the claims made by the petitioner. Some of the relevant facts for the purpose of deciding this petition are as under :

(2.) The petitioner was the original claimant before the learned arbitrator, whereas the respondents were the original respondents. On 30th November, 2011, the respondents invited tender for leasing of parcel spaces in parcel van of Train No.19023/19024 Ex. Mumbai Central - Firozpur - Mumbai Central. The petitioner submitted his bid in response to the said tender notice. The offer of the petitioner was accepted by the respondents. On 23rd February, 2012, the petitioner and the respondents entered into an agreement. The respondents agreed to lease the space in Break Van / Parcel Van Assistant Guard Cabin of 23 tons in Train No.19023/19024 Firozpur Janta Express from Mumbai Central to Firozpur and back. The petitioner deposited the bank guarantee dated 23rd February, 2012 of Rs.11,88,055/- drawn on the Oriental Bank of Commerce, Mumbai with the respondents as per the terms and conditions of the tender letter dated 31st October, 2011. The said bank guarantee / security deposit was accepted by the respondents vide its letter dated 23rd February, 2012.

(3.) It is the case of the petitioner that the petitioner forwarded a letter dated 20th August, 2014 to the respondent no.1 to terminate the lease contract as per clause 21.2 of the said agreement dated 23rd February, 2012. On 16th October, 2014, the petitioner once again allegedly forwarded another letter mentioning the reasons for termination of the said agreement dated 23rd February, 2012 and asking for refund of security deposit and other payments due.