JUDGMENT :

SANJEEV NARULA, J.

VIA HYBRID MODE

1. Central Warehousing Corporation [“CWC”] is a Public Sector Undertaking engaged in the activity of operating warehouses, Inland Container Depots [“ICD”], and Container Freight Stations [“CFS”] across the country. For the purpose of handling and transporting containers, maintenance and operation of CFS Dronagiri Node, Navi Mumbai (one of the CFS owned by CWC), which caters to the export and import of cargo at the Jawaharlal Nehru Port [“JNPT”], a tender was issued and pursuant thereto, the proposal of Shubham HP Security Force Pvt. Ltd. [hereinafter “Shubham”] was accepted. A Strategic Alliance Management Agreement dated 18th April, 2020 was executed between the parties, for a term of fifteen years [hereinafter “SAMA”].

2. The aforesaid Agreement has now been terminated for the third time vide Notice dated 16th November, 2021 [hereinafter “Termination Notice #3”] by CWC. Aggrieved, Shubham has invoked Section 9 of the Arbitration and Conciliation Act, 1996 [hereinafter, “the Act’] and seeks an order restraining CWC from acting on the said termination notice.

Salient Terms and Conditions of SAMA

3. Before adverting to the previous litigation