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2021 Supreme(Del) 690

C.HARI SHANKAR
World Window Infrastructure Pvt. Ltd. – Appellant
Versus
Central Warehousing Corporation – Respondent


Advocate Appeared:
For the Petitioner:Mr. Akhil Sibal, Sr. Adv along with Mr. Prashant Mehta & Ms. Ishita Choudhry, Advocates
For the Respondent: Mr. A.K.Ganguli, Sr. Adv. with Mr. Shaiwal Srivastava and Mr. Arnab Ganguli, Advs.

JUDGMENT :

1. This appeal, under Section 37(2)(b) of the Arbitration and Conciliation Act, 1996 (“the 1996 Act”) challenges orders dated 17th June, 2020 and 15th August, 2020, passed by the learned arbitrator on applications preferred by the appellant M/s World Window Infrastructure and Logistics Pvt. Ltd. under Section 17 of the 1996 Act.

2. The appellant had, in fact, filed three applications before the learned arbitrator under Section 17, on 21st May, 2020, 18th June, 2020 and 26th June, 2020. The application dated 18th June, 2020 was, later, withdrawn. The orders impugned adjudicate the applications dated 21st May, 2020 and 26th June, 2020.

Facts

3. On 26th April, 2004, the respondent, Central Warehousing Corporation (CWC) issued a Request for Proposal (RFP), inviting tenders for providing Strategic Alliance Management and Operations and Commercial Services at six Inland Container Deports (ICDs)/Container Freight Stations (CFSs). Clause 4.6.5 of the RFP required the operator, to whom the tender was awarded, to submit a minimum yearly return and to commit for a minimum guarantee

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