P LAKSHMI AND ORS vs M/S JUBILANT FOODWORKS LTD AND ANR.

Judgment text excerpt

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 11.02.2025 + FAO (COMM) 37/2025 & CM APPL. 6442-45/2025 P LAKSHMI AND ORS .....Appellants Through: Mr.Prateek Dwivedi, Mr.Yasharth Kant, Mr.Suryash Kishan Rozdan, Ms.Sonal, Advs. versus M/S JUBILANT FOODWORKS LTD AND ANR. .....Respondents Through: Mr.Gyanesh Bhardwaj, Adv. for R-1. CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA HON’BLE MS. JUSTICE SHALINDER KAUR NAVIN CHAWLA, J. (Oral) CM APPL. 6443/2025 - exp. 1. Allowed, subject to all just exemptions. CM APPL. 6444/2025 & CM APPL. 6445/2025 -delay. 2. These applications have been filed by the learned counsel for the appellants seeking condonation of delay in filing and re-filing of the appeal under Section 37 of the Arbitration and Conciliation Act, 1996 (in short, ‘A&C Act’). 3. With consent of the learned counsel for the respondent, the delay is condoned. The applications are allowed. FAO(COMM) 37/2025 & CM APPL. 6442/2025 Signature Not Verified Digitally Signed FAO(COMM) 37/2025 Page 1 of 11 By:NEELAM Signing Date:19.02.2025 12:40:24 4. This appeal has been filed by the appellant challenging the Order dated 12.08.2024 passed by the learned District Judge (Commercial Court-07) (Digital), South-East District, Saket Court, New Delhi in OMP(COMM) 31/2022, titled ‘P. Lakshmi & Ors. v. M/s Jubilant Foodworks Ltd and Anr.’, dismissing the application filed by the appellant herein under Section 34 of the A&C Act. 5. The appellant had filed above application challenging the Arbitral Award dated 30.11.2019 passed by the learned Sole Arbitrator directing the appellant to pay to the respondent, Rs. 34,06,787/- on account of loss towards fixtures and fittings, Rs. 82,68,877/- towards expenses for relocation of restaurant, Rs. 15,76,184/- towards security deposit, and Rs.