DELHI AIRPORT METRO EXPRESS PVT LTD (INDIA) vs CONSTRUCCIONES Y AUXILIAR DE FERROCARRILES & ANR

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on: 05.08.2025 Judgment pronounced on: 24.12.2025 + FAO(OS)(COMM) 292/2018 DELHI AIRPORT METRO EXPRESS PRIVATE LIMITED (INDIA) .....Appellant Through: Mr. Anirudh Bakhru, Mr. Rishi Agarwal, Ms. Tarini Khurana and Ms. Shruti Arora, Advs. versus CONSTRUCCIONES Y AUXILIAR DE FERROCARRILES &ANR. ..... Respondents Through: Mr. Shantanu Tyagi, Ms. Aishani Das and Ms. Balapragatha Moorthy, Advs. CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT % 24.12.2025 OM PRAKASH SHUKLA, J. 1. This is an appeal filed under Section 37(1)(c) of the Arbitration and Conciliation Act, 19961, read with Section 13 of the Commercial Courts Act, challenging the impugned order dated 25.10.2018 passed by the learned Single Judge of this Court in the OMP (Comm.) bearing No. 7/2017 titled Delhi Airport Metro Express Private Limited (India) v. Construcciones Y Auxiliar De Ferrocarriles & Anr. By the 1“the Act’ hereinafter FAO(OS)(COMM) 292/2018 Signature Not Verified Page 1 of 78 Signed By:RAJEEV DHANKHAR Signing Date:24.12.2025 18:16:20 said order, the learned Single Judge had dismissed the Section 34 petition filed by appellant under Section 34 of the Act, on the ground of lack of jurisdiction, holding therein that Part I of the Arbitration and Conciliation Act, 1996 was inapplicable. FACTUAL BACKGROUND 2. The brief factual matrix necessary for the purposes of adjudication of the present appeal is delineated below. 3. The appellant is a company duly incorporated and registered under the provisions of the Companies Act, 1956. The Respondent No. 1 is a foreign company and the Respondent No. 2 is its wholly owned Indian subsidiary. 4. Respondent no. 1 and Reliance Infrastructure Limited (RIL)2 had join