Union Of India v. M/S Shiva Const. Company

$~32 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P. (COMM) 9/2021 & I.A. 61/2021 UNION OF INDIA .....Petitioner Through:

Ms. Arunima Dwivedi, CGSC with Ms. Himanshi Singh, Advs.

versus M/S SHIVA CONST. COMPANY .....Respondent Through:

Mr. SW Haider, Ms. Pooja Dua and Ms. Urzica Chauhan, Advs.

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R

% 11.03.2026 1.

A perusal of the claim statement shows that the total claim amount is Rs.1,86,66,114/-.

2.

Section 12(2) of the Commercial Courts Act, 2015 which defines the suit value, especially for arbitration, reads as under:- "12.(2) The aggregate value of the claim and counterclaim, if any as set out in the statement of claim and the counterclaim, if any, in an arbitration of a commercial dispute shall be the basis for determining whether such arbitration is subject to the jurisdiction of a Commercial Division, Commercial Appellate Division or Commercial Court, as the case may be." 3.

Since the total claim amount is less than Rs.2 crores and there being no counter claim, the challenge under Section 34 of the Arbitration & Conciliation Act, 1996 is returned to the Petitioner to be filed before the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/03/2026 at 15:48:28

court of competent jurisdiction.

4.

Needless to state that the benefit of Section 14 of the Limitation Act, 1963 would be available to the Petitioner.

5.

The petition is disposed of along with pending application(s), if any. SUBRAMONIUM PRASAD, J MARCH 11, 2026 hsk The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/03/2026 at 15:48:28