SAHIB SITAL SINGH BAJWA AND ORS vs AAKASH EDUCATIONAL SERVICE LIMITED AND ANR

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 30.07.2025 Judgment pronounced on: 07.08.2025 + FAO (COMM) 197/2025, CM APPL.46101/2025 (for exemption), CM APPL.46102/2025 (for delay of 360 days in refilling the Appeal) & CM APPL.46103/2025 (for stay) SAHIB SITAL SINGH BAJWA AND ORS. .....Appellants Through: Mr. Manoj Chandra Mishra and Ms. Pratibha Dwivedi, Advocates. versus AAKASH EDUCATIONAL SERVICE LIMITED AND ANR. .....Respondents Through: Nemo. CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR JUDGMENT HARISH VAIDYANATHAN SHANKAR, J. 1. The present Appeal under Section 37 of the Arbitration and Conciliation Act, 19961 and Section 13 of the Commercial Courts Act, 2015 raises a challenge to Order dated 19.04.20242 passed by learned District Judge (Commercial Court-01), District South, Saket Courts, New Delhi, in OMP (Comm.) No. 33/2023, in a Petition under Section 34 of the A&C Act, titled as Sahib Sital Singh Bajwa & Ors. v. Aakash Educational Services Ltd. & Anr., confirming the Award dated 09.02.2023 and correction Order dated 06.03.2023 passed by the 1 A&C Act. 2 Impugned Order Signature Not Verified Digitally Signed By:HARVINDER KAUR BHATIA FAO (COMM) 197/2025 Page 1 of 30 Signing Date:08.08.2025 19:17:30 learned Sole Arbitrator in Arbitration Case No. 06/07/2020. 2. Shorn of all details, the present Appeal is premised on the pointed contention that the Impugned Order is liable to be set aside on the ground that it failed to consider the significant fact of the Award having been pronounced after a considerable delay. CONTENTIONS OF THE APPELLANTS: 3. Learned counsel for the Appellants contends that the jurisdiction of arbitration was invoked on 23.05.2020 and that the Tribunal was thereafter constitu