Govt Of NCT Of Delhi v. M/S Rkmt Buildcon Pvt Ltd

$~63 * IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO(OS) (COMM) 19/2025 GOVT OF NCT OF DELHI .....Appellant Through:

Mr.

Karn Bhardwaj, ASC (GNCTD) with Mr. Shubham Singh, Mr. Rajat Gaba, Mr.

Saurabh Dahiya and Mr. Vijay Kumar Dubey, Advs.

versus M/S RKMT BUILDCON PVT LTD .....Respondent Through:

Mr. Sanjay Bansal, Adv.

CORAM:

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

O R D E R

% 03.02.2025 CM APPL. 6437/2025 (EX.) Allowed, subject to all just exceptions.

The application shall stand disposed of.

FAO(OS) (COMM) 19/2025 1.

The instant appeal is preferred against the order dated 19 November 2024 pursuant to which the application seeking condonation of delay which occurred in the filing of the petition under Section 34 of the Arbitration and Conciliation Act, 1996 ["Act"], has come to be dismissed by the learned Single Judge. 2.

Admittedly, the Award was received by the appellant on 29 December 2023. However, and as per the averments made in this appeal, the appellants had initially approached the District Judge, Commercial Court, (South), New Delhi on 24 April 2024. That petition was ultimately withdrawn on 09 October 2024 and thereafter The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.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 10/02/2025 at 15:02:36

a petition under Section 34 came to be presented before this Court on 08 November 2024.

3.

Notwithstanding what has weighed upon the learned Single Judge in dismissing the application for condonation, we note that the maximum period of 120 days when computed from 29 December 2023 would have come to an end on 27 April 2024. The petition before the Commercial Court was filed just three days prior to the expiry of the aforesaid period on 24 April 2024. 4.

Post withdrawal of the petition before the Commercial Court, admittedly the petition before this Court was presented only on 08 November 2024.

5.

Since it is manifest that even if we were to extend the benefit of Section 14 of the Limitation Act, 1963, the filing before this Court was beyond the maximum period prescribed under Section 34(3) of the Act, we find no justification to interfere with the view expressed by the Learned Single Judge.

6.

The appeal fails and shall stand dismissed.

YASHWANT VARMA, J.

HARISH VAIDYANATHAN SHANKAR, J.

FEBRUARY 03, 2025/nd 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 10/02/2025 at 15:02:36