MRS. KIRAN SURAN vs SH. SATISH KUMAR & ORS.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 23.01.2025 Pronounced on: 07.04.2025 + FAO (COMM) 27/2025 & CM APPL. 4381/2025 MRS. KIRAN SURAN .....Appellant Through: Mr.Shailendra Dahiya, Adv. versus SH. SATISH KUMAR & ORS. .....Respondent Through: Mr.Sanjay Katyal and Ms.Ritika Bansal, Advs. CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MS. JUSTICE RAVINDER DUDEJA JUDGMENT NAVIN CHAWLA, J. 1. This appeal has been filed by the appellant under Section 13 of the Commercial Courts Act, 2015 read with Section 37 of the Arbitration and Conciliation Act, 1996 (in short, ‘A&C Act’), challenging the Order dated 18.10.2024 (hereinafter referred to as ‘Impugned Order’) passed by the District Judge (Commercial Court- 01) East District Karkardooma Courts, Delhi (hereinafter referred to as the ‘learned Trial Court’) in OMP (COMM) No. 11/2022, titled Kiran Suran v. Satish Kumar & Ors. (hereinafter referred to as ‘Section 34 Petition’), whereby, the learned Trial Court has dismissed the application filed by the appellant herein under Section 34(3) of the A&C Act seeking condonation of delay of 287 days in filing the said Section 34 Petition. Signature Not Verified Digitally Signed FAO (COMM) 27/2025 Page 1 of 18 By:RENUKA NEGI Signing Date:07.04.2025 20:17:49 Case of the Appellant: 2. The appellant, on or around 18.04.2022, had filed the above mentioned Section 34 petition challenging the Arbitral Award dated 03.06.2019 passed by a learned Sole Arbitrator (hereinafter referred to as the ‘Impugned Award’). 3. The learned Sole Arbitrator had been appointed by this Court vide its Order dated 16.10.2005 passed on an application filed under Section 11 of the A&C Act by Late Shri N.K. Chopra, father of the appellant, and Late Shri I.P. Chopra, respondent no. 17 herein, against th