M/S Seervi Constrution Corporation v. The Haryana State Karamchari Co-Op G/H Society Ltd

$~85 * IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO(OS) (COMM) 16/2025 M/S SEERVI CONSTRUTION CORPORATION .....Appellant Through:

Mr. Sanjeev Anand, SSC with Mr. Bepin Kr. & Mr. Bhola Dagar, Advs.

versus THE HARYANA STATE KARAMCHARI CO-OP G/H SOCIETY LTD .....Respondent Through:

None.

CORAM:

HON'BLE MR. JUSTICE YASHWANT VARMA HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR

O R D E R

% 23.01.2025 CM APPL. 4392/2025 (Ex.) Allowed, subject to all just exceptions.

The application is disposed of.

FAO(OS) (COMM) 16/2025 1.

The instant appeal is directed against the judgment rendered by the learned Single Judge on 05 November 2024 in terms of which an application for condonation of the refiling delay has come to be allowed. That application had been moved in the context of a petition under Section 34 of the Arbitration and Conciliation Act, 1996. 2.

The learned Single Judge has noted that the petition under Section 34 had been filed within 90 days of the communication of the Award. It is also not the case of the appellant that the filing as initially done, was non est.

3.

In view of the aforesaid, we find no justification to interfere 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 27/01/2025 at 12:02:48

with the exercise of discretion by the learned Single Judge. 4.

The appeal fails and shall stand dismissed.

YASHWANT VARMA, J.

HARISH VAIDYANATHAN SHANKAR, J.

JANUARY 23, 2025/v 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 27/01/2025 at 12:02:48