Nagpur bench of Bombay High Court on July 12 had its judgment clear on the appeal by Container Corporation of India Limited (CONCOR) Vs Kandla Cargo Handler (KCH). The bench consisted of Justice Z A Haq and Justice Vinay Joshi who set aside the decision by the learned Principal District Judge (PDJ), Under the section 34 of Arbitration Act.
The CONOR had its offers for carrying out the work of handling and transporting of containers and cargo at Nagpur container terminal situated at Narendra Nagar. In regarding various companies submitted their tenders in CONCOR, where KCH qualifying the criteria as well as the price bid had the contract for 3 years from April 2002 to March 2005.
As mentioned in the regulations the contract could have been renewed for 2 years extra which were not materialized between the parties, however CONCOR desired to invite fresh offers by issuing new tenders.
After which the district court had asked CONCOR to deposit 37 crore, which was not allowed to be picked by the KCH, as the CONCOR had approached the High Court. CONCOR had a failure at the District Court in 2018 after which Advocate Anil Mardikar decide to file the application to PDJ to court in both the matter, i.e filed by CONCOR and Field by KCH for hearing by the single judge.
The High Court reversed the orders of District Court as the bench of judges has been changed, the continuous re-hearings have started on day to day basis. At Nagpur bench of Bombay High Court all of the effective hearings completed on May 2019 and the judgment was delivered in the favor of CONCOR mentioning that the amount deposited by CONCOR amounting to Rs. 37, 12,01,685 along with the bank interest will be returned after submission of the undertaking. Â Â Â Â
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