M/S Glodyne People Power Ltd & ORS. v. M/S Caparo Financial Solutions Ltd

$~8 * IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO(OS) (COMM) 87/2024 & CM APPL. 24539/2024 (Addl.Doc) M/S GLODYNE PEOPLE POWER LTD & ORS. ....Appellants Through:

Mr. Arjun Natarajan, Mr.

Mayank Sapra, Ms. Lalima Das, Mr. Aayush Kumar, Mr.

Nakul Gupta, Advocates.

versus M/S CAPARO FINANCIAL SOLUTIONS LTD ...Respondent Through:

Mr. Harender Kumar Sangwan, Advocate for Respondent.

Mr. Akhil Mittal, Ms. Riddhi Jain, Ms. Shayna Das Pattanayak and Ms. Archie Garg, Advocates for Sole Arbitrator.

CORAM:

HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR

O R D E R

% 09.12.2025 1.

The present Appeal, filed under Section 37(1)(c) of Arbitration and Conciliation Act, 1996 ["The Act"], challenges the Order dated 23.02.2024, passed by the learned Single Judge in O.M.P. (COMM) 499/2019, titled "M/s Glodyne People Power Limited & Ors. v. M/s Caparo Financial Solutions Limited".

2.

Admittedly, the learned Single Judge has dismissed Appellants' objection petition filed under Section 34 of the Act only on the ground that the Appellants failed to pay fee of the Sole Arbitrator. 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 12/12/2025 at 13:11:32

3.

After arguing at length, learned counsel for the Parties concede that the objections under Section 34 of the Act filed by the Appellants could not be dismissed only on the ground of failure of the Appellants to pay Sole Arbitrator's fees.

4.

They admit that Section 39 of Act does not provide for outright dismissal of the objection petition under Section 34 of the Act. 5.

Keeping in view the aforesaid position, the impugned order is set aside while remitting the matter to the learned Single Judge for deciding the petition under Section 34 of the Act in accordance with law.

6.

The petition under Section 34 of the Act filed by the Appellants herein shall stand restored to its original number before the learned Single Judge.

7.

Parties along with their counsels are directed to appear before the learned Single Judge on 13.01.2026.

8.

Accordingly, the present Appeal along with pending application(s), if any, stands disposed of in the aforesaid terms. ANIL KSHETARPAL, J.

HARISH VAIDYANATHAN SHANKAR, J.

DECEMBER 09, 2025/tk/va 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 12/12/2025 at 13:11:32