Paramount Pesticides Ltd. vs Central Warehousing Corporation

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

DELHI HIGH COURT
RAJIV SHAKDHER, TALWANT SINGH
Paramount Pesticides Ltd. – Appellant
Versus
Central Warehousing Corporation – Respondent

Table of Content
1. factual background regarding the contractual relationship. (Para 2 , 3)
2. disputes arising from supply and counter-claims. (Para 4)
3. analysis of inspection results and implications for the appellant. (Para 5)
4. court's reasoning on the principle of estoppel and contract terms. (Para 6)
5. final outcome and dismissal of the appeal. (Para 7 , 8)

JUDGMENT

[Physical Hearing/Hybrid Hearing (as per request)]

Rajiv Shakdher, J. (Oral)

CM APPL. 43313/2021

1. Allowed, subject to just exceptions.

FAO (COMM) 195/2021

2. This appeal has been filed under Section 37 of the Arbitration and Conciliation Act, 1996 [in short "the 1996 Act"].

2.1. The appeal is directed against the judgment dated 18.02.2021, rendered by the Learned District Judge, Commercial Court-02, South District, Saket Court, New Delhi.

2.2. The appellant before us was the original claimant before the Arbitral Tribunal.

2.3. The respondent i.e., Central Warehousing Corporation [in short `CWC'], not only defended the claim lodged by the appellant, but also went on to file a counter-claim.

2.4. The Arbitral Tribunal, via award dated 26.09.2019, awarded Rs.65,306/- in favour of the appellant, and allowed the

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DELHI HIGH COURTRAJIV SHAKDHER, TALWANT SINGHParamount Pesticides Ltd. – AppellantVersusCentral Warehousing Corporation – Respondent

DELHI HIGH COURT
RAJIV SHAKDHER, TALWANT SINGH
Paramount Pesticides Ltd. – Appellant
Versus
Central Warehousing Corporation – Respondent