Lift And Shift India Pvt. Ltd. vs Central Warehousing Corporation on 6 March, 2017

1. This is a petition under Section 34 of the Arbitration and Conciliation Act,
1996 („Act‟) by Lift and Shift India Pvt. Ltd. challenging an Award dated 4th
November, 2008 passed by the sole Arbitrator in the disputes arising out of
the award of a contract by the Respondent Central Warehousing Corporation
(„CWC‟) to Natwar Parikh Industries Ltd. („NPIL‟) by a letter dated 11 th
June, 1993.

2. At the outset, it requires to be noted that pursuant to a demerger order
dated 11th December, 2006 passed by the High Court of Gujarat in Company
Petition No. 204 of 2004 connected with a Company Application No. 493 of

OMP 64/2009 Page 1 of 32
2006 as amended on 4th January 2007, the transport division along with its
assets, liabilities and cases of NPIL were demerged and transferred to the
Petitioner i.e., Lift and Shift India Pvt. Ltd. with retrospective effect from 1 st
April, 2006. Accordingly, NPIL which was the claimant in the present
arbitration proceedings has been substituted by the Petitioner.

Source: Indian Kanoon

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