UNION OF INDIA vs M/S NKB INFRASTRUCTURE PVT. LTD. & ANR.

Judgment text excerpt

$~68 * IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO(OS) (COMM) 72/2025, CM APPL. 24942/2025, CM APPL. 24943/2025, CM APPL. 24944/2025 & CM APPL. 24945/2025 UNION OF INDIA .....Appellant Through: Mr. Piyush Beriwal, Mr Nikhil Kumar Chaubey and Ms Jyotsna Vyas, Advocates Versus M/S NKB INFRASTRUCTURE PVT. LTD. & ANR. .....Respondents Through: Mr. Tarun Gupta and Mr. Hirday Virdi, Advocate CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE AJAY DIGPAUL JUDGMENT(ORAL) % 30.04.2025 C. HARI SHANKAR, J. 1. This appeal assails order dated 14 February 2025, passed by a learned Single Judge of this Court, whereby a petition under Section 34 of the Arbitration and Conciliation Act, 1996 challenging an award, which was rendered by the Arbitral Tribunal on 17 June 2023 and was received by the appellant on 20 June 2023 has been dismissed as barred by time. 2. The impugned order reads as under: “1. The instant petition under Section 34 of the Arbitration & FAO(OS)(COMM) 72/2025 Signature Not Verified Page 1 of 4 Digitally Signed By:AJIT KUMAR Signing Date:05.05.2025 19:53:44 Conciliation Act has been filed by the Petitioner challenging an Award dated 17.06.2023 passed by the Arbitral Tribunal which was received by the Petitioner/Union of India on 20.06.2023. 2. Taking 20.06.2023 as the terminus quo, the challenge should have been made on or before 21.10.2023. 3. Material on record indicates that the petition under Section 34 of the Arbitration & Conciliation Act being OMP (COMM) No.137/2023 was filed by the Petitioner before the District Court, Patiala House, New Delhi. The said petition was rejected on the ground of pecuniary jurisdiction vide Order dated 27.02.2024. Taking into account Section 14 of the Limitation Act and excluding the time spent between the date of fil