JUDGMENT :

1. This is a petition filed under Section 9 of the Arbitration and Conciliation Act, 1996 (for short, “the Act”) whereby the petitioner has prayed for interim reliefs pending the arbitral proceedings. The disputes between the parties have arisen under a contract entered by the respondent -Railways with the petitioner, awarded in pursuance of a tender floated by it on 03 March, 2021, for grant of leasing rights in respect of a “3.9 Ton parcel space in Train No. 03202 (FL WLRRM) LTTPNBE Spl Ex. Operating between Lokmanya Tilak Terminus and Patna” for a period of five years.

2. It is also necessary to note the date on which petitioner, participated in such tender which was on 26 March, 2021. The dates of issuance of the tender and the date on which the petitioner submitted its bid, according to the petitioner are indicative of quite a normal period after the first wave of the Covid 19 pandemic. The petitioner has contended that in April 2021 the second wave of Covid-19 had commenced, consequent to which lockdown restrictions were imposed in Mumbai as also in Patna.

3. On 17 May 2021, the respondent having accepted the petitioner’s bid, issued a ‘Letter of Allotment’ in favour of the petitioner. This was during the time when the lockdown restrictions were imposed. As per the letter of allotment the respondent called upon the petitioner to commence loading within 15 days of issuance of the letter of allotment.

4. It is the petitioner’s case that due to the circumstances created by the lock down, it was not possible for the petitioner to comply with the requirement of immediate loading as contained in the letter of allotment. On the issue of commencement of the loading there was correspondence between the parties. By its letters dated 31 May, 2021, 29 June, 2021 and 19 July, 2021 the petitioner informed the respondent about the lockdown restrictions in Mumbai as also in Patna and due to which it had become difficult for the petitioner to comply with such conditions as contained in the letter of allotment.

5. The petitioner’s request however was not accepted by the respondent and a show cause notice dated 26 July, 2021 came to be issued to the petitioner calling upon the petitioner to start loading with effect from 01 August, 2021, failing which the petitioner was put to a notice that its allotment would stand terminated. It is the petitioner’s case that the show cause notice did not refer and /or contain any intimation or a threat that the petitioner would be debarred or blacklisted from submitting its bid in future tenders.

6. The petitioner responded to the show cause notice of the respondent by its letter dated 28 July, 2021 interalia setting out the circumstances which were prevailing. The petitioner categorically pointed out that when the tender in question was floated by the respondent as also when the petitioner submitted its bid, the circumstances of a lockdown were not existing, that is in March 2021. The petitioner has contended that the respondent although considered the petitioner’s reply to the show cause notice, however, the reasons as pointed out by the petitioner were not accepted by the respondent, inasmuch as the respondent on 8 September, 2021 issued a termination letter to the petitioner, terminating the award of the said contract and forfeiting the earnest money deposit of Rs.1 Lakh, as also, debarring the petitioner from participating in the future tenders of the respondent for a period of two years. Such termination letter dated 8 September, 2021 was received by the petitioner on 16 October, 2021.

7. The petitioner being aggrieved by such action of the respondent to debar the petitioner from participating in future tenders, approached this Court by filing Writ Petition No.3581 of 2021, which came to be filed on 28 October, 2021. However, as an alternate remedy was available to the petitioner including resorting to arbitration, a Division Bench of this Court by an order dated 17 January, 2022 permitted the