JUDGMENT :

ANUP JAIRAM BHAMBHANI, J.

The present appeal under section 13 of the Commercial Courts Act 2015 read with section 10 the Delhi High Court Act 1966 and section 37 of the Arbitration & Conciliation Act 1996 (‘A&C Act’) has been filed by the Union of India, Ministry of Railways and North Eastern Railways (‘Railways') impugning judgment dated 27.02.2020 rendered by the learned single Judge of this court in O.M.P. (COMM) No. 112/2020 (‘impugned judgment’), whereby the learned single Judge has upheld arbitral award dated 08.02.2011 (‘arbitral award’) made by the learned Sole Arbitrator in arbitral proceedings between the Railways and M/s Annavaram Concrete Pvt. Ltd., Hyderabad (‘Annavaram’).

2. The Railways had filed a petition under section 34 of the A&C Act challenging arbitral award dated 08.02.2011; in which award the learned Sole Arbitrator had directed the Railways to refund to Annavaram the sum of Rs. 1,22,38,125/-, which had been deducted/withheld by the Railways as ‘liquidated damages’ imposed upon Annavaram for alleged breach of the terms and conditions of a tender bearing No. CS 160/2007, pursuant to which a Letter of Acceptance dated 15.09.2008 (‘1st LoA’) was issued