DILSHAD KHAN vs GOVT OF NCT OF DELHI

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 07.08.2025 Judgment delivered on: 20.08.2025 + FAO (COMM) 206/2025 & CM APPL. 47787/2025 (Delay of 87 days in filing the appeal) DILSHAD KHAN .....Appellant Through: Mr. Sanjay Bansal, Advocate. versus GOVT OF NCT OF DELHI .....Respondent Through: Mr. Tushar Sannu, Counsel for GNCTD with Ms. Shaoni Das, Advocate. CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR JUDGEMENT HARISH VAIDYANATHAN SHANKAR J. 1. The present appeal has been filed under Section 37 of the Arbitration and Conciliation Act, 19961 read with Section 13(1A) of the Commercial Courts Act, 20152, inter alia, assailing the Order dated 04.02.20253 passed by the learned District Judge (Commercial Court), North-East District, Karkardooma Courts, 1 A&C Act. 2 CC Act. 3 Impugned Order. Signature Not Verified Digitally Signed By:HARVINDER KAUR FAO (COMM) 206/2025 Page 1 of 18 BHATIA Signing Date:22.08.2025 20:11:09 Delhi4, in OMP (COMM) 2/2023. By the Impugned Order, the Petition under section 34 of the A&C Act filed by the Respondent herein was allowed and the Arbitral Award dated 02.03.2023, passed in case No. ARB/RM/15 by the learned sole Arbitrator was set aside. 2. At the very outset, the learned counsel for the Appellant was posed with the question as to whether the present appeal is maintainable, considering that it appears to have been filed beyond the prescribed period of limitation. 3. The aforesaid query arose on the basis of the averments contained in the application, accompanied with the appeal, seeking condonation of delay, which reads as follows: “3. The appellant submit that the Impugned order was passed on 04.02.2025 and 60 days expired on 05.04.2025. Thereafter the appellant had applie