M/S SWASTIKA INDUSTRIES vs M/S NATIONAL RESEARCH DEVELOPMENT CORPORATION

Judgment text excerpt

$ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on: 20.11.2025 Judgment pronounced on: 11.12.2025 Judgment uploaded on: As per digital signature~ + FAO (COMM) 219/2023 M/s. Swastika Industries Through its Sole Proprietor Shri Ram Kishore Gadia ..... Appellant Versus M/s. National Research Development Corporation ..... Respondent Advocates who appeared in this case For the Appellant : Mr. Rana S. Biswas, Mr. Yash Tripathi and Mr. Kartik, Advocates For the Respondent : Mr. Joydeep Sarma and Mr. Lalit Verma, Advocates CORAM: HON'BLE MR. JUSTICE V. KAMESWAR RAO HON'BLE MR. JUSTICE VINOD KUMAR JUDGMENT VINOD KUMAR, J. 1. This appeal has been filed under Section 37 of the Arbitration and Conciliation Act, 1996 (‘the Act’, hereinafter) with the following prayers: Signature Not Verified Digitally Signed By:PRAMOD FAO (COMM) 219/2023 Page 1 of 30 KUMAR VATS Signing Date:11.12.2025 16:37:18 “a) Set aside the impugned order dated 20.07.2018, passed in Arbt No. 20243 of 2018 passed by the Learned ADJ Saket Courts Delhi. b) Set aside the award dated 26.10.2013 passed by the Arbitral Tribunal consisting of Shri S. P.Mukherji IAS (Retd.) at his Chittaranjan Park, Kalkaji residence; and c) pass such other and further order or orders as this Hon'ble Court may deem fit and proper under the facts and circumstances of the present case and in the interest of justice..” 2. For sake of convenience, the appellant would be referred to as ‘Swastika’ or ‘counter claimant’ and the respondent would also be referred to as ‘NRDC’ or ‘claimant’. 3. Vide impugned award dated 26.10.2013, the arbitrator partly allowed the claim of NRDC and rejected the counter claim of Swastika. Aggrieved by this award, Swastika filed objections under Section 34 of the Act before learned Additional Distri