NDLI: M/s Vijay Trading and Transport Company Vs. Central Warehousing Corporation

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	s.34 Termination of Arbitration and Conciliation Act 1996 Contract
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Arbitration and Conciliation (amendment) Act, 2015 (3 of 2016)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Arbitration and Conciliation Act, 1996: s.34 – Appellant contractor entered into an agreement with respondent corporation for carrying out work of Handling and Transportation at Inland Clearance Depot – Respondent corporation terminated the contract due to appellant’s non-performance of contractual obligations and forfeited the security deposit and also fork lift and hand trolleys – Arbitration award in favour of respondent corporation – Held: Failure to transport the container to the Port at Navi Mumbai resulted in missing of the export schedule – Taking into consideration the failure of the appellant to deliver the container at the Port at Navi Mumbai and the time taken in recovery of the container and the expenditure incurred by the respondent-Corporation in particular, furnishing of bank guarantee of Rs.10 lakhs, the detention of the equipments cannot be said to be arbitrary or beyond the terms of the agreement – Arbitrator and courts below recorded the concurrent findings that the appellant Contractor failed in carrying out the work as per the terms and conditions of the contract – Arbitrator rightly allowed the detention and forfeiture of the equipments of the contractor – Similarly, counter claim for the damages for the alleged detention and use of hand trolleys was rightly rejected – No reason warranting interference with the award passed by the Arbitrator – Contract – Termination of – ExportImport.
Judge	Hon'ble Ms. Justice R. Banumathi
Neutral Citation	2019 INSC 1215
Petitioner	M/s Vijay Trading And Transport Company
Respondent	Central Warehousing Corporation
SCR	[2019] 13 S.C.R. 1162
Judgement Date	2019-11-07
Case Number	655

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M/s Vijay Trading and Transport Company Vs. Central Warehousing Corporation

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