M/S GOGOAL HYDRO PVT. LTD. vs M/S BHARAT HEAVY ELECTRICALS LIMITED & ORS

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 17.11.2025 Judgment pronounced on: 02.12.2025 + FAO (COMM) 164/2024 & CM APPL. 47666/2024 (Delay of 101 days in filing the appeal) M/S GOGOAL HYDRO PVT. LTD. .....Appellant Through: Mr. Vikas Tomar & Mr.Nimish Mishra, Advocates. versus M/S BHARAT HEAVY ELECTRICALS LIMITED & ORS. .....Respondents Through: Ms. Mani Gupta, Ms. Sonali Jain and Ms. Garima Sharma, Advocates. CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR JUDGMENT HARISH VAIDYANATHAN SHANKAR, J. 1. The present Appeal has been instituted under Section 37(1)(c) of the Arbitration and Conciliation Act, 19961, read with Section 13(1A) of the Commercial Courts Act, 2015 2 , challenging the Orders dated 13.02.2024 and 16.05.2024 3 passed by the learned 1 A&C Act 2 CC Act 3 Impugned Orders Signature Not Verified Digitally Signed By:HARVINDER KAUR BHATIA FAO (COMM) 164/2024 Page 1 of 18 Signing Date:04.12.2025 14:57:33 District Judge (Commercial Court-03), South District, Saket Courts, New Delhi4. 2. By the Order dated 13.02.2024 5 , the learned District Court allowed the Respondent‟s petition under Section 34 of the A&C Act and set aside the Arbitral Award dated 14.03.2019. The subsequent Order dated 16.05.2024 6 was confined solely to correcting the Impugned Order to the extent of rectifying the name of the main counsel and the date of the Impugned Order at one place. 3. Before examining the merits of the present Appeal, we propose to first determine its maintainability, as the Appeal has been filed beyond the statutory period of limitation. The appeal is accompanied by CM APPL. 47666/2024, being an application under Section 5 of the Limitation Act, 19637, seeking condonation of the delay in filing the Ap