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2022 Supreme(Bom) 432

G.S.KULKARNI
Moonline Express Cargo Pvt. Ltd. – Appellant
Versus
Union of India through Divisional Railway Manager (Commercial) – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Mutahhar Khan i/b. Mr. Rajesh Gupta
For the Respondent: Mr. T. J. Pandian with Mr. T. C. Subramanian and Mr. Dheer Sampat

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

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