PRIMEMOVER MOBILITY TECHNOLOGIES PVT. LTD. vs SANMARG INFRA TECH PRIVATE LIMITED

Judgment text excerpt

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 18.12.2025 + FAO (COMM) 310/2025 PRIMEMOVER MOBILITY TECHNOLOGIES PVT. LTD. .....Appellant Through: Mr. Shreesh Chadha, Mr. Kartik Bhatnagar, Mr. Aman Singh Bakhshi, Mr. Shaurya Agarwal, Mr. Faiz, Advs. versus SANMARG INFRA TECH PRIVATE LIMITED .....Respondent Through: Mr. Rohit Jain, Adv. CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA HON’BLE MR. JUSTICE RAJNEESH KUMAR GUPTA NAVIN CHAWLA, J. (ORAL) 1. This appeal has been filed under section 37 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as, the ‘A&C Act’), challenging the Order dated 07.08.2025 passed by the learned District Judge (Commercial Court-01), Patiala House Courts Complex, New Delhi (hereinafter referred to as, the ‘District Judge’) in O.M.P.(Comm.) No. 230/2024, titled Primemover Mobility Technologies Pvt. Ltd. v. Sanmarg Infratech Private Limited, whereby the application filed by the appellant herein under section 34 of the A&C Act was dismissed. 2. The Impugned Order has been passed by the learned District Judge on the ground that the appellant, despite time being granted, Signature Not Verified Digitally Signed FAO (COMM) 310/2025 Page 1 of 6 By:REYMON VASHIST Signing Date:22.12.2025 18:10:03 18:03:44 failed to file the Fixed Deposit Receipt (‘FDR’) of the mandatory pre- deposit of 75% of the awarded amount under Section 19 of the MSME Act. 3. The learned counsel for the appellant has drawn our attention to the email dated 02.08.2025, received by the appellant from the bank, namely Kotak Mahindra Bank, asking for signatures from the ‘Registrar/Prothonotary & Senior Master’, for preparation of the FDR. The appellant had brought this to the notice of the learned District Judge on 07.08.2025. However, the learned District Ju