UNION OF INDIA vs J M BAXI PORTS & LOGISTICS LIMITED

Judgment text excerpt

$~49 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 03.04.2025 + FAO(OS) (COMM) 203/2018 & CM APPL. 68202/2024 UNION OF INDIA .....Appellant Through: Mr. Om Prakash, SPC with Mr. Nitish Pande and Ms. Swati Mishra, Advocates, through video conferencing. versus J M BAXI PORTS & LOGISTICS LIMITED .....Respondent Through: Mr. Ajay Saroya, Advocate. CORAM: HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR JUDGMENT (Oral) HARISH VAIDYANATHAN SHANKAR, J. 1. The present appeal under Section 37 of the Arbitration & Conciliation Act1, 1996, challenges the Order dated 09.07.20182 passed by the Ld. Single Judge of this Court in O.M.P.(Comm.) No. 267/2018 titled as “Union of India vs. International Cargo Terminal and Rail Infrastructure Pvt. Ltd.”. 2. In the present appeal, vide order dated 04.05.2022, ‘International Cargo Terminal and Rail Infrastructure Pvt. Ltd.’ was substituted by ‘J M Baxi Ports & Logistics Limited’, as an Appellant. 3. By the impugned Order, the Ld. Single Judge, relying upon the judgment of the Hon‟ble Supreme Court in Anil Kumar Jinabhai 1 A & C Act 2 Impugned Order Signature Not Verified Digitally Signed By:HARVINDER KAUR FAO(OS) (COMM) 203/2018 Page 1 of 9 BHATIA Signing Date:06.05.2025 10:58:23 Patel (D) thr. Lrs. V. Pravindchandra Jinabhai Patel and Ors.3, dismissed the Section 34 challenge to the arbitral award dated 30.05.2016 on the ground that the same is barred by limitation. 4. The Award dated 30.05.2016 was challenged on 23.08.2016 by a Petition bearing No. Arbitration 17341/2016, under Section 34 of the A & C Act before the Court of Additional District Judge, Patiala House Courts, New Delhi. 5. Admittedly, the Appellant received a copy of the Award dated 30.05.2016 on the very same day, meaning th