w w w . L a w y e r S e r v i c e s . i n



M/s. Vijay Trading & Transport Company v/s Central Warehousing Corporation


Company & Directors' Information:- T AND D TRADING PRIVATE LIMITED [Active] CIN = U51909MH2003PTC142712

Company & Directors' Information:- A R L TRADING PRIVATE LIMITED [Active] CIN = U67120DL2005PTC143941

Company & Directors' Information:- I. B. TRADING PRIVATE LIMITED [Active] CIN = U70102MH2007PTC167894

Company & Directors' Information:- G W TRADING PRIVATE LIMITED [Active] CIN = U51900MP2013PTC031025

Company & Directors' Information:- D K O TRADING COMPANY PVT LTD [Converted to LLP and Dissolved] CIN = U51226WB1992PTC054818

Company & Directors' Information:- G-TRADING INDIA PRIVATE LIMITED [Active] CIN = U52100DL2008PTC228572

Company & Directors' Information:- A. N. TRADING PRIVATE LIMITED [Active] CIN = U51900DL2019PTC359069

Company & Directors' Information:- L G H TRADING PRIVATE LIMITED [Active] CIN = U52100MH2009PTC196493

Company & Directors' Information:- G K TRADING PVT LTD [Active] CIN = U51109WB1990PTC048559

Company & Directors' Information:- S P R TRADING PRIVATE LIMITED [Converted to LLP] CIN = U18109DL1995PTC071372

Company & Directors' Information:- S N R TRADING COMPANY PVT. LTD. [Active] CIN = U51909WB1986PTC041568

Company & Directors' Information:- L. S. G. TRADING PRIVATE LIMITED [Strike Off] CIN = U51900MH1994PTC079829

Company & Directors' Information:- H C TRADING PRIVATE LIMITED [Active] CIN = U51909WB1997PTC085250

Company & Directors' Information:- H T C TRADING PVT. LTD. [Active] CIN = U51433WB1990PTC049243

Company & Directors' Information:- P P S TRADING COMPANY PRIVATE LIMITED [Amalgamated] CIN = U29120GJ1997PTC032617

Company & Directors' Information:- IN TRADING PRIVATE LIMITED [Active] CIN = U51399DL2003PTC119199

Company & Directors' Information:- D M TRADING PVT LTD [Active] CIN = U51909WB1986PTC040744

Company & Directors' Information:- B H TRADING PRIVATE LIMITED [Active] CIN = U51909MH2005PTC151768

Company & Directors' Information:- M T TRADING COMPANY PVT LTD [Amalgamated] CIN = U52110WB1991PTC051822

Company & Directors' Information:- THE CENTRAL TRANSPORT COMPANY LIMITED [Strike Off] CIN = U99999MH1949PLC010442

Company & Directors' Information:- J K TRADING COMPANY PRIVATE LIMITED [Active] CIN = U51432AS2001PTC006676

Company & Directors' Information:- H F TRADING PRIVATE LIMITED [Active] CIN = U51101MP2013PTC031441

Company & Directors' Information:- K L TRADING COMPANY PRIVATE LIMITED [Active] CIN = U74899DL1989PTC035081

Company & Directors' Information:- K T TRADING COMPANY PRIVATE LIMITED [Active] CIN = U29265MH1954PTC009417

Company & Directors' Information:- VIJAY TRADING COMPANY PRIVATE LIMITED [Active] CIN = U51909MH2005PTC153705

Company & Directors' Information:- T S P M TRADING COMPANY PRIVATE LIMITED [Strike Off] CIN = U15400TN2009PTC070424

Company & Directors' Information:- L M TRADING COMPANY PVT LTD [Active] CIN = U24232WB1986PTC040212

Company & Directors' Information:- N E TRADING COMPANY LIMITED [Active] CIN = U51909ML2000PLC006095

Company & Directors' Information:- W W TRADING PRIVATE LIMITED [Active] CIN = U51909MH2003PTC140832

Company & Directors' Information:- VIJAY TRANSPORT PVT LTD [Strike Off] CIN = U63090GJ1981PTC004927

Company & Directors' Information:- J S TRADING COMPANY PVT LTD [Active] CIN = U51909WB1992PTC057003

Company & Directors' Information:- S B H TRADING COMPANY PRIVATE LIMITED [Active] CIN = U52339KA2008PTC045790

Company & Directors' Information:- S D M WAREHOUSING PRIVATE LIMITED [Active] CIN = U74999WB2014PTC200037

Company & Directors' Information:- K K WAREHOUSING PRIVATE LIMITED [Active] CIN = U63021AS2001PTC006695

Company & Directors' Information:- M J WAREHOUSING PRIVATE LIMITED [Active] CIN = U74899DL1995PTC064401

Company & Directors' Information:- M L TRADING COMPANY PVT LTD [Strike Off] CIN = U52110WB1988PTC044086

Company & Directors' Information:- S B J TRADING (INDIA) PRIVATE LIMITED [Active] CIN = U51900MH2005PTC158498

Company & Directors' Information:- M N TRADING COMPANY PRIVATE LIMITED [Active] CIN = U51505MH2004PTC146652

Company & Directors' Information:- J C R TRADING PVT LTD [Active] CIN = U51909KL1990PTC005614

Company & Directors' Information:- S D R TRADING PRIVATE LIMITED [Active] CIN = U51109DL2009PTC188954

Company & Directors' Information:- G L TRADING CO. PRIVATE LIMITED [Active] CIN = U51219WB1998PTC086558

Company & Directors' Information:- L J TRADING PRIVATE LIMITED [Active] CIN = U51909UP2007PTC045996

Company & Directors' Information:- C AND D TRADING COMPANY PRIVATE LIMITED [Strike Off] CIN = U51900MH1981PTC025335

Company & Directors' Information:- VIJAY INDIA PRIVATE LIMITED [Active] CIN = U25199DL1998PTC096860

Company & Directors' Information:- Y V TRADING PRIVATE LIMITED [Strike Off] CIN = U29113MH2006PTC159994

Company & Directors' Information:- R U TRADING PRIVATE LIMITED [Active] CIN = U52390WB2009PTC136748

Company & Directors' Information:- P AND CO TRADING INDIA PRIVATE LIMITED [Strike Off] CIN = U18101KL1999PTC013423

Company & Directors' Information:- P A T TRADING PRIVATE LIMITED [Active] CIN = U52190WB2009PTC137537

Company & Directors' Information:- R N K TRADING CO. PRIVATE LIMITED [Active] CIN = U45202PB2006PTC029721

Company & Directors' Information:- D. N. TRADING PRIVATE LIMITED [Strike Off] CIN = U52390WB2009PTC138180

Company & Directors' Information:- U AND I TRADING PRIVATE LIMITED [Strike Off] CIN = U52399DL1989PTC035654

Company & Directors' Information:- J V TRADING PRIVATE LIMITED [Strike Off] CIN = U51909DL2005PTC132481

Company & Directors' Information:- K R L TRADING PRIVATE LIMITED [Active] CIN = U51109WB2008PTC128889

Company & Directors' Information:- K P TRADING & COMPANY PRIVATE LIMITED [Active] CIN = U51503AN2012PTC000169

Company & Directors' Information:- V. S. L. TRADING PRIVATE LIMITED [Active] CIN = U51909WB2009PTC139374

Company & Directors' Information:- A J TRADING PVT LTD [Active] CIN = U51491WB1988PTC045107

Company & Directors' Information:- C R TRADING CO LTD [Under Process of Striking Off] CIN = U65993WB1980PLC032526

Company & Directors' Information:- S V S TRADING INDIA PRIVATE LIMITED [Strike Off] CIN = U15549TN2001PTC047343

Company & Directors' Information:- A AND P TRADING COMPANY PVT LTD [Strike Off] CIN = U52100KL1990PTC005630

Company & Directors' Information:- D B P TRADING PRIVATE LIMITED [Active] CIN = U52390GJ2010PTC060765

Company & Directors' Information:- A K TRADING COMPANY PRIVATE LIMITED [Active] CIN = U51392CH1995PTC016355

Company & Directors' Information:- G R B TRADING PRIVATE LIMITED [Active] CIN = U15142KA1998PTC023508

Company & Directors' Information:- R K AND F TRADING PRIVATE LIMITED [Active] CIN = U74999WB2020PTC239455

Company & Directors' Information:- S B TRADING PVT LTD [Under Liquidation] CIN = U10200WB1985PTC038857

Company & Directors' Information:- R B WAREHOUSING PRIVATE LIMITED [Converted to LLP] CIN = U70101WB1998PTC087580

Company & Directors' Information:- T S TRADING PRIVATE LIMITED [Active] CIN = U28910DL2001PTC109621

Company & Directors' Information:- T J F TRADING PRIVATE LIMITED [Under Process of Striking Off] CIN = U52190KL2010PTC025848

Company & Directors' Information:- R N S TRADING PRIVATE LIMITED [Active] CIN = U52300MH2009PTC194233

Company & Directors' Information:- A. C. TRADING PRIVATE LIMITED [Converted to LLP] CIN = U51909WB2011PTC163103

Company & Directors' Information:- A K WAREHOUSING PRIVATE LIMITED [Converted to LLP] CIN = U63020AS2009PTC009255

Company & Directors' Information:- V S M TRADING PRIVATE LIMITED [Active] CIN = U51909DL2005PTC133777

Company & Directors' Information:- L. R. A. TRADING PRIVATE LIMITED [Under Process of Striking Off] CIN = U51109DL2010PTC202451

Company & Directors' Information:- L. B. L. TRADING PRIVATE LIMITED [Strike Off] CIN = U74140DL2010PTC202203

Company & Directors' Information:- S H A M TRADING PRIVATE LIMITED [Strike Off] CIN = U51420MH2001PTC131774

Company & Directors' Information:- F B TRADING PVT LTD [Active] CIN = U65921WB1988PTC045315

Company & Directors' Information:- K. R. B. TRADING PRIVATE LIMITED [Active] CIN = U51101UP2010PTC040779

Company & Directors' Information:- M & T TRANSPORT & TRADING PVT. LTD. [Strike Off] CIN = U60221WB1994PTC064967

Company & Directors' Information:- Y K WAREHOUSING PRIVATE LIMITED [Active] CIN = U74999WB2011PTC165874

Company & Directors' Information:- M Y TRADING COMPANY PRIVATE LIMITED [Strike Off] CIN = U16008UP1997PTC022161

Company & Directors' Information:- C M TRADING CO PVT LTD [Amalgamated] CIN = U51909WB1982PTC034578

Company & Directors' Information:- S N WAREHOUSING PRIVATE LIMITED [Active] CIN = U63023RJ2015PTC047486

Company & Directors' Information:- L N TRADING CO PVT LTD [Active] CIN = U29303WB1954PTC021587

Company & Directors' Information:- S M S R TRADING PRIVATE LIMITED [Strike Off] CIN = U51909WB2015PTC206593

Company & Directors' Information:- S K WAREHOUSING PRIVATE LIMITED [Active] CIN = U74999WB2011PTC161550

Company & Directors' Information:- R N D TRADING COMPANY PRIVATE LIMITED [Strike Off] CIN = U51109DL2001PTC111762

Company & Directors' Information:- B N S TRADING PRIVATE LIMITED [Strike Off] CIN = U20299KA2006PTC039202

Company & Directors' Information:- K J TRADING CO PVT LTD [Strike Off] CIN = U52341KL1974PTC002616

Company & Directors' Information:- A D TRADING PRIVATE LIMITED [Active] CIN = U51909DL2002PTC114529

Company & Directors' Information:- U S TRADING PRIVATE LIMITED [Under Process of Striking Off] CIN = U65993MH2000PTC129562

Company & Directors' Information:- T. B. TRADING LIMITED [Converted to LLP] CIN = U51909WB2017PLC220095

Company & Directors' Information:- F D M TRADING INDIA PRIVATE LIMITED [Active] CIN = U74899DL1994PTC059248

Company & Directors' Information:- VIJAY J AND K PRIVATE LIMITED [Strike Off] CIN = U52100GJ1974PTC002504

Company & Directors' Information:- N R TRADING CO PVT LTD [Active] CIN = U51909WB1985PTC039045

Company & Directors' Information:- M K H TRADING PRIVATE LIMITED [Strike Off] CIN = U52100KA2011PTC061028

Company & Directors' Information:- G S B TRADING PRIVATE LIMITED [Strike Off] CIN = U52110TG1979PTC002524

Company & Directors' Information:- C N TRADING PRIVATE LIMITED [Active] CIN = U91200UP1998PTC023690

Company & Directors' Information:- C P M TRADING COMPANY PVT LTD [Active] CIN = U51909KL1992PTC006517

Company & Directors' Information:- S R TRADING PRIVATE LIMITED [Under Process of Striking Off] CIN = U74899DL1996PTC082994

Company & Directors' Information:- THE INDIA TRADING CORPORATION PVT LTD [Strike Off] CIN = U51900WB1930PTC018891

Company & Directors' Information:- P N C TRADING CO PVT LTD [Active] CIN = U74999WB1961PTC025286

Company & Directors' Information:- C B WAREHOUSING COMPANY PRIVATE LIMITED [Active] CIN = U63021MH1982PTC026099

Company & Directors' Information:- G T E TRADING COMPANY PRIVATE LIMITED [Strike Off] CIN = U52203CH1996PTC018873

Company & Directors' Information:- A. L. A TRADING PRIVATE LIMITED [Active] CIN = U51909WB2010PTC145269

Company & Directors' Information:- S V G S TRADING PRIVATE LIMITED [Strike Off] CIN = U51432TN2006PTC059766

Company & Directors' Information:- P J M TRADING (INDIA) PRIVATE LIMITED [Active] CIN = U51900MH2005PTC158475

Company & Directors' Information:- J J WAREHOUSING PRIVATE LIMITED [Active] CIN = U63020MH1997PTC109454

Company & Directors' Information:- K P TRADING CO PVT LTD [Active] CIN = U51909WB1980PTC032804

Company & Directors' Information:- M V TRADING COMPANY PRIVATE LIMITED [Strike Off] CIN = U51229CH1995PTC016293

Company & Directors' Information:- J P TRADING PVT LTD [Strike Off] CIN = U74899DL1978PTC008976

Company & Directors' Information:- H K WAREHOUSING (INDIA) PRIVATE LIMITED [Active] CIN = U45200KL2011PTC027487

Company & Directors' Information:- U AND I TRADING COMPANY PRIVATE LIMITED [Strike Off] CIN = U51109DL1982PTC013848

Company & Directors' Information:- D S TRADING PRIVATE LIMITED [Strike Off] CIN = U74950MH1997PTC106883

Company & Directors' Information:- A N M TRADING PRIVATE LIMITED [Active] CIN = U36999MH2000PTC124380

Company & Directors' Information:- D R N WAREHOUSING PRIVATE LIMITED [Strike Off] CIN = U63020MH2000PTC126141

Company & Directors' Information:- R. K. B. L. TRADING CO. PRIVATE LIMITED [Strike Off] CIN = U51498UP2008PTC035444

Company & Directors' Information:- P S F TRADING PRIVATE LIMITED [Active] CIN = U70100MH2001PTC132895

Company & Directors' Information:- H G TRADING COMPANY PRIVATE LIMITED [Strike Off] CIN = U51909DL2005PTC142359

Company & Directors' Information:- V U TRADING PRIVATE LIMITED [Converted to LLP] CIN = U51909MH2005PTC154698

Company & Directors' Information:- F. N. TRADING COMPANY PRIVATE LIMITED [Strike Off] CIN = U52520TG1997PTC026240

Company & Directors' Information:- T C E TRADING PRIVATE LIMITED [Strike Off] CIN = U51909MN2014PTC008375

Company & Directors' Information:- C M S TRADING PRIVATE LIMITED [Strike Off] CIN = U52100TN2010PTC075065

Company & Directors' Information:- N S M TRADING COMPANY PRIVATE LIMITED [Active] CIN = U52100TN2013PTC093966

Company & Directors' Information:- E W TRADING PRIVATE LIMITED [Strike Off] CIN = U51900TN2009PTC072688

Company & Directors' Information:- A L R TRADING PRIVATE LIMITED [Active] CIN = U52100MH2011PTC217069

Company & Directors' Information:- A. M. M. TRADING PRIVATE LIMITED [Active] CIN = U52190MH2009PTC192160

Company & Directors' Information:- O & B TRADING COMPANY PRIVATE LIMITED [Strike Off] CIN = U52399MH2009PTC191669

Company & Directors' Information:- S D D TRADING PRIVATE LIMITED [Active] CIN = U51101MH2011PTC216846

Company & Directors' Information:- M & N TRADING PRIVATE LIMITED [Strike Off] CIN = U51101MH2012PTC226366

Company & Directors' Information:- C 3 TRADING PRIVATE LIMITED [Strike Off] CIN = U51101MH2013PTC239343

Company & Directors' Information:- H. R. TRADING CO PRIVATE LIMITED [Strike Off] CIN = U51900MH2008PTC187303

Company & Directors' Information:- N M P M TRADING PRIVATE LIMITED [Strike Off] CIN = U67190MH2011PTC223812

Company & Directors' Information:- VIJAY TRANSPORT PRIVATE LIMITED [Active] CIN = U63000MH2003PTC140290

Company & Directors' Information:- S S WAREHOUSING PRIVATE LIMITED [Active] CIN = U63021PN2002PTC016867

Company & Directors' Information:- I S K TRADING COMPANY PRIVATE LIMITED [Strike Off] CIN = U51102MH2005PTC156676

Company & Directors' Information:- R T TRADING COMPANY PRIVATE LIMITED [Strike Off] CIN = U51909MH2004PTC144712

Company & Directors' Information:- A F TRADING PRIVATE LIMITED [Active] CIN = U51909MH2004PTC145877

Company & Directors' Information:- B A TRADING COMPANY PVT LIMITED [Strike Off] CIN = U51909MH2005PTC157017

Company & Directors' Information:- M G S H TRADING PRIVATE LIMITED [Strike Off] CIN = U51909MH2010PTC202602

Company & Directors' Information:- V V G TRADING COMPANY PRIVATE LIMITED [Active] CIN = U51101UP2013PTC055642

Company & Directors' Information:- R M WAREHOUSING PRIVATE LIMITED [Active] CIN = U51101UP2015PTC069161

Company & Directors' Information:- F & S TRADING PRIVATE LIMITED [Active] CIN = U51101UP2016PTC076033

Company & Directors' Information:- S P P TRADING PRIVATE LIMITED [Strike Off] CIN = U72900TN2011PTC081006

Company & Directors' Information:- C J TRADING PRIVATE LIMITED [Active] CIN = U74999UP2011PTC047020

Company & Directors' Information:- P D TRADING COMPANY PVT LTD [Active] CIN = U51101WB1988PTC045612

Company & Directors' Information:- G R B S TRADING PRIVATE LIMITED [Strike Off] CIN = U51101WB2013PTC195208

Company & Directors' Information:- CENTRAL TRADING CO PVT LTD [Strike Off] CIN = U51909WB1932PTC007368

Company & Directors' Information:- L D TRADING (INDIA) PVT LTD [Active] CIN = U51909WB1977PTC031291

Company & Directors' Information:- N V TRADING COMPANY PRIVATE LIMITED [Active] CIN = U74899DL1989PTC038507

Company & Directors' Information:- A V N TRADING PRIVATE LIMITED [Active] CIN = U74899DL1993PTC055186

Company & Directors' Information:- A T TRADING COMPANY PRIVATE LIMITED [Strike Off] CIN = U51909DL2003PTC120282

Company & Directors' Information:- R S O TRADING COMPANY PVT LTD [Strike Off] CIN = U51909DL2001PTC111180

Company & Directors' Information:- S K K TRADING PRIVATE LIMITED [Strike Off] CIN = U51909DL2004PTC129251

Company & Directors' Information:- D H TRADING PRIVATE LIMITED [Strike Off] CIN = U51909DL2009PTC193683

Company & Directors' Information:- N B TRADING COMPANY PRIVATE LIMITED [Strike Off] CIN = U51909DL2010PTC206948

Company & Directors' Information:- V P TRADING PRIVATE LIMITED [Strike Off] CIN = U51311DL1998PTC096692

Company & Directors' Information:- R S L TRADING COMPANY PRIVATE LIMITED [Converted to LLP] CIN = U51311DL2002PTC115846

Company & Directors' Information:- V. K. S. TRADING PRIVATE LIMITED [Active] CIN = U51391DL2013PTC253989

Company & Directors' Information:- A B K S TRADING PRIVATE LIMITED [Active] CIN = U51395DL2004PTC124676

Company & Directors' Information:- R. H. M. TRADING PRIVATE LIMITED [Strike Off] CIN = U74900DL2009PTC189283

Company & Directors' Information:- T K TRADING PRIVATE LIMITED [Strike Off] CIN = U52300DL2011PTC224440

Company & Directors' Information:- N & Y TRADING PRIVATE LIMITED [Under Process of Striking Off] CIN = U52590DL2015PTC280124

Company & Directors' Information:- N A TRADING PRIVATE LIMITED [Strike Off] CIN = U85100DL2011PTC218986

Company & Directors' Information:- P & R TRADING PRIVATE LIMITED [Strike Off] CIN = U51909BR2013PTC019940

Company & Directors' Information:- A AND M TRADING CO PVT LTD [Strike Off] CIN = U27109AP1988PTC008440

Company & Directors' Information:- B B TRADING PRIVATE LIMITED [Strike Off] CIN = U74900HR2014PTC051539

Company & Directors' Information:- H D P TRADING PRIVATE LIMITED [Strike Off] CIN = U51101GJ2015PTC084637

Company & Directors' Information:- R K P TRADING COMPANY PRIVATE LIMITED [Active] CIN = U51109GJ2011PTC067760

Company & Directors' Information:- TRADING CORPN PVT LTD [Active] CIN = U67120KL1942PTC001187

Company & Directors' Information:- M. R. WAREHOUSING PRIVATE LIMITED [Strike Off] CIN = U63020GJ2009PTC058216

Company & Directors' Information:- H. A. WAREHOUSING PRIVATE LIMITED [Strike Off] CIN = U63020GJ2009PTC058509

Company & Directors' Information:- G. T. WAREHOUSING PRIVATE LIMITED [Strike Off] CIN = U63020GJ2010PTC059405

Company & Directors' Information:- R. A. WAREHOUSING PRIVATE LIMITED [Strike Off] CIN = U63023GJ2009PTC058329

Company & Directors' Information:- G O N TRADING PVT. LTD. [Strike Off] CIN = U51909GJ1986PTC008700

Company & Directors' Information:- B D S TRADING PRIVATE LIMITED [Strike Off] CIN = U51909GJ1988PTC010531

Company & Directors' Information:- B C P TRADING COMPANY INDIA PRIVATE LIMITED [Strike Off] CIN = U51109AS1996PTC004917

Company & Directors' Information:- T S V TRADING PRIVATE LIMITED [Strike Off] CIN = U01130DL1997PTC087349

Company & Directors' Information:- I. D. TRADING PRIVATE LIMITED [Strike Off] CIN = U52100MH2007PTC172346

Company & Directors' Information:- K. M. K. TRADING CO. PRIVATE LIMITED [Strike Off] CIN = U52100MH2007PTC173912

Company & Directors' Information:- J D TRADING COMPANY PRIVATE LIMITED [Strike Off] CIN = U51900MH1965PTC013396

Company & Directors' Information:- CENTRAL TRANSPORT COMPANY PRIVATE LIMITED [Strike Off] CIN = U63010MH1986PTC039500

Company & Directors' Information:- G S B D TRADING PRIVATE LIMITED [Strike Off] CIN = U51109MH2008PTC187094

Company & Directors' Information:- E G TRADING PRIVATE LIMITED [Strike Off] CIN = U52520TG2006PTC049739

Company & Directors' Information:- C S TRADING CO PVT LTD [Strike Off] CIN = U51311WB1956PTC023150

Company & Directors' Information:- D VIJAY AND COMPANY LIMITED [Dissolved] CIN = U99999MH1933PTC002056

Company & Directors' Information:- CENTRAL INDIA TRADING COMPANY LIMITED [Liquidated] CIN = U99999MH1942PTC003618

    Civil Appeal No. 655 of 2016

    Decided On, 07 November 2019

    At, Supreme Court of India

    By, THE HONOURABLE MRS. JUSTICE R. BANUMATHI
    By, THE HONOURABLE MR. JUSTICE A.S. BOPANNA & THE HONOURABLE MR. JUSTICE HRISHIKSH ROY

   



Judgment Text

R. Banumathi, J.

This appeal arises out of the impugned judgment dated 19.07.2010 passed by the High Court of Delhi in FAO(OS) No.435 of 2010 in and by which the High Court dismissed the appeal filed by the appellant thereby upholding the judgment of the learned Single Judge thereby affirming the dismissal of the objections filed under Section 34 of the Arbitration and Conciliation Act, 1996 against the arbitral award dated 18.03.2005.

2. Brief facts which led to filing of this appeal are as under:-

An agreement dated 30.08.2001 was entered into between the respondent-Central Warehousing Corporation and the appellant for a period of two years from 28.08.2001 to 27.08.2003 for carrying out the work of Handling and Transportation at Inland Clearance Depot (ICD), Varanasi. The respondent-Corporation terminated the contract on 21.02.2002 under Clause X(A) and X(B) of the agreement due to appellant’s poor performance as Handling and Transportation Contractor and deterioration of the situation at the Inland Clearance Depot. The security deposit furnished by the appellant upto the date of termination was also forfeited.

3. Dispute arose between the parties which led to the appointment of an arbitrator vide reference order dated 23.09.2002. The respondent-Corporation claimed a sum of Rs.98,06,000/- with interest @ 18% thereon. It was contended by the respondent- Corporation that the performance of the appellant was not found satisfactory particularly, in regard to Export loaded Container No.TRIU-4991702x40’, which was illegally detained by the appellant and the appellant failed to transport the container to the Port at Navi Mumbai. The said container was handed over to the appellant on 06.11.2001 from the Inland Clearance Depot, Varanasi and did not reach its destination, JNP, Navi Mumbai within the stipulated time period i.e. upto 16.11.2001. When the exporter, M/s Bhola Nath Industries pressed for early recovery of the container and also raised claims towards compensation for loss of the container, the respondent-Corporation started inquiries and issued several notices to the appellant for recovery of the container and non-performance of contractual obligations. Only after intervention of the Courts, the container was located and recovered at Ghaziabad and received back at ICD, Varanasi on 23.05.2003. But by then, the said container missed the export schedule. The exporter initially declared that the cargo stuffed in the container was of no use to him; but subsequently, reprocessed the same to make it usable.

4. The appellant filed counter claims under various heads claiming Rs.52,00,000/- with interest @ 18% thereon. It was submitted by the appellant that the container in question was illegally detained by M/s ODC Roadways to whom the container was entrusted for transportation to Port, Navi Mumbai. According to the appellant, it had taken all possible steps including approaching the High Court for speedy recovery of the container and in spite of all the efforts taken by the appellant, respondent-Corporation terminated the contract illegally.

5. Taking into consideration the claim and grounds for termination and also the reply filed by the appellant, the Arbitrator vide award dated 18.03.2005 upheld the termination of the contract as valid and decided certain claims of the respondent in its favour. Certain counter claims of the appellant were also allowed by the learned Arbitrator. Other claims including counter claim No.3 (claim of Rs.4,30,284/- towards refund of security deposit) and counter claim No.4 (claim of Rs.15,75,484/- including interest of Rs.4,64,815/- towards illegal detention of the fork lift) were decided against the appellant. It was held by the Arbitrator that the termination of the contract is legal and justified and in view thereof, the respondent had the right to forfeit the security deposit. As to the claim of the appellant towards alleged detention of the fork lift and hand trolleys, the Arbitrator held that the detention of the equipments is right and justified. The Arbitrator held that it is seen from Clause 5(g) of the tender conditions of the contract that the respondent has the right to demand the balance due when sufficient sum is not available to cover the full amount recoverable from security deposit and other dues. In view of the heavy claim amount of M/s Bhola Nath Industries and Customs/Excise Department and others, the learned Arbitrator concluded that there is no illegality in the action on the part of the claimant in detaining the equipments like fork lift and hand trolleys as security.

6. The appellant filed objections under Section 34 of the Arbitration and Conciliation Act contending that the order of termination whereby the security deposit was also forfeited does not record any reason for forfeiture of the security deposit. Similarly, no reason has been given by the Arbitrator for rejecting the counter claim No.3. In support of its counter claim No.4, the appellant averred that for successful executing of the contract, it had employed one fork lift and four hand trolleys at Inland Clearance Depot, Varanasi, which were owned by them and the same have been illegally detained by the respondent. On behalf of the respondent-Corporation, it was contended that the forfeiture of the security deposit was justified on the following reasons – firstly in view of the heavy claim raised by M/s Bhola Nath Industries before the Consumer Forum, Lucknow and secondly, on account of bank guarantee to sum of rupees ten lakhs furnished by the respondent for release of the container. The respondent submitted that a claim of rupees forty lakhs was lodged by M/s Bhola Nath Industries Ltd. Accordingly, it was decided not only to withhold the payment due to the appellant, but also to forfeit all the equipments in use.

7. Considering the objections of the appellant and the claim of the respondent-Corporation, the learned Single Judge of the High Court found no infirmity in the reason recorded by the learned Arbitrator while rejecting counter claim No.4. Counter claim No.3 was allowed to the extent that in case the bank guarantee furnished by the respondent-Corporation is discharged, the appellant would be entitled to refund the security deposit in the sum of Rs.4,30,284/-. The appeal filed by the appellant under Section 37 of the Arbitration and Conciliation Act was dismissed vide the impugned judgment affirming the order of the learned Single Judge.

8. Before the Supreme Court, the appellant has only pressed counter claim Nos.3 and 4. Mr. Aniket Jain, learned counsel for the appellant has contended that the courts below erred in not appreciating the fact that the appellant exercised due diligence and has taken efforts for the recovery of illegally detained container including lodging of FIR and initiating legal proceedings. It was submitted that the courts below failed to appreciate that the conditions imposed regarding the refund of security deposit is beyond the terms of the agreement between the parties as well as the terms of reference made to the arbitrator and the order of the learned Single Judge to replace the bank guarantee is untenable and prayed for allowing of the appeal.

9. Insofar as the forfeiture of security deposit is concerned, Mr. K.K. Tyagi, learned counsel for the respondent-Corporation has submitted that M/s Bhola Nath Industries, whose containers remained missing for a long time on account of the conduct of the appellant had lodged a claim against the respondent for a sum of rupees forty lakhs and though the same has been dismissed for non-prosecution, the same may be restored at any time at the instance of the complainant M/s Bhola Nath Industries Ltd. It was therefore, contended that the forfeiture of the security amount and fork lift cannot be said to be arbitrary or unjustified and in accordance with the terms of the contract. Learned counsel further submitted that the respondent Corporation had to furnish a bank guarantee of rupees ten lakhs to get the container released in view of the suit filed by the third party-M/s ODC against the appellant for retaining the container till their dues are paid by the appellant and the case is still pending and therefore, the learned Arbitrator has rightly upheld the act of the respondent-Corporation in forfeiting the security deposit.

10. We have carefully considered the contentions of both the parties and perused the impugned judgment and the award passed by the learned Arbitrator and the order of the learned Single Judge and other materials on record.

11. The Export loaded Container No.TRIU-4991702x40’ was handed over by the Manager, ICD, Varanasi to the appellant on 06.11.2001 for delivery of the container at JNP, Navi Mumbai; but the appellant had failed to transport the container to the destination port and only with the intervention of the Court, the container was located and recovered at Ghaziabad and received back at ICD, Varanasi on 23.05.2003. But by then, the said container already missed the export schedule. When the Export loaded Container No.TRIU-4991702x40’ was entrusted to the appellant, the appellant ought to have transported the container to the port of destination with due diligence. The respondent- Corporation has justified the forfeiture of the security deposit on two counts:- firstly, in view of the heavy claim raised by M/s Bhola Nath Industries Ltd. for which they have filed a claim of rupees forty lakhs before the Consumer Forum, Lucknow and secondly, on account of bank guarantee in the sum of rupees ten lakhs furnished by the respondent-Corporation for release of the container. The learned Arbitrator and the Courts below have recorded the concurrent findings by holding the termination of the contract legal and levy of forfeiture of the security amount of Rs.4,30,284/- and the levy of fork lift is justified.

12. The container handed over to the appellant was detained by the third party-M/s ODC Roadways represented by Sh. Prabhu Nath Sing, who filed a Civil Suit No.1127 of 2001 against the appellant stating that his dues had not been cleared by the appellant. The respondent-Corporation had filed an application in the said suit for release of the container which was rejected by the Civil Court, Ghaziabad on 28.11.2002 and the respondent had to file a Civil Revision Petition No.180 of 2002 before the High Court of Allahabad in which a direction was issued to the trial court to dispose of the application afresh. It was thereafter, the trial court released the container on furnishing a bank guarantee of rupees ten lakhs by the respondent-Corporation. The trial court released the container only on furnishing of bank guarantee of rupees ten lakhs. It is stated that the said civil suit is still pending in the Ghaziabad Court and is at the stage of recording evidence.

13. Insofar as the allegation of detention of fork lift and hand trolleys, the respondent-Corporation has stated that after finalisation of the arbitration case between the respondent-Corporation and the appellant, all the dues as per the order of the Arbitrator has been paid to the contractor; but the appellant did not approach the respondent-Corporation for lifting their equipments and as such the same were lying at ICD, Bhadohi occupying valuable space. According to the respondent-Corporation, for the space occupied by the equipments, the total rent for the period up to 31.05.2007 works out to Rs.41,746/- and Rs.89,049/- for fork lift and hand trolleys respectively. Be that as it may, according to the respondent- Corporation, the detention of the equipments were made as per the terms of the agreement at Clause 5(g) and the same was accepted by the arbitrator. As held by the learned Arbitrator, the appellant was given a contract to assist in smooth running of international business of import and export and to have the time management on top priority. Failure to transport the container to the Port at Navi Mumbai resulted in missing of the export schedule. Taking into consideration the failure of the appellant to deliver the container at the Port at Navi Mumbai and the time taken in recovery of the container and the expenditure incurred by the respondent- Corporation in particular, furnishing of bank guarantee of rupees ten lakhs, the detention of the equipments cannot be said to be arbitrary or beyond the terms of the agreement.

14. It is pertinent to note that the appellant has received an amount o

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f Rs.11,06,598/- as the amount allowed by the Arbitrator vide award dated 18.03.2005 by DD No.079915 dated 03.09.2005. Thus, even before filing of the objection petition under Section 34 of the Act, the appellant has received the full payment due and payable to him as per the arbitral award dated 18.03.2005. According to the respondent-Corporation, the appellant has not disclosed the receipt of the money at the time of filing the petition under Section 34 of the Act. 15. The learned Arbitrator and the Courts below have recorded the concurrent findings that the appellant Contractor has failed in carrying out the work as per the terms and conditions of the contract and the learned Arbitrator has rightly allowed the detention and forfeiture of the equipments of the contractor and disallowed the counter claim No.4 of the appellant. Similarly, the counter claim No.5 which was for the damages for the alleged detention and use of hand trolleys has been rejected and thus, the counter claim Nos.4 and 5 have been rightly disallowed by the learned Arbitrator. We do not find any reason warranting interference with the award passed by the Arbitrator and the impugned judgment and this appeal is liable to be dismissed. 16. In the result, the impugned judgment dated 19.07.2010 passed by the High Court in FAO(OS) No.435 of 2010 is affirmed and this appeal is dismissed. No costs.
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