TEFCIL BREWERIES LIMITED vs ALFA LAVAL (INDIA) LIMITED

Judgment text excerpt

$~40 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 08th JANUARY, 2025 IN THE MATTER OF: + O.M.P. (COMM) 479/2018 TEFCIL BREWERIES LIMITED .....Petitioner Through: Mr. Sushil Bajaj, Mr. Bhavook Chauhan, Mr. Amit Sanduja, Ms. Sakshi Singh, Mr. Tushar Batra, Advocates Versus ALFA LAVAL (INDIA) LIMITED .....Respondent Through: Mr.Shankar Vaidialingam with Mr. Shivain Vaidialingam, Advocate CORAM: HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD JUDGMENT (ORAL) 1. The Petitioner has approached this Court under Section 34 of the Arbitration & Conciliation Act ("Arbitration Act"), 1996 challenging an Award dated 17.10.2017 and an additional Award dated 18.05.2018 passed by the learned Arbitrator. 2. A preliminary objection has been raised by the learned Counsel for the Respondent that this petition to set aside the arbitral award is belated and is therefore barred by time. 3. The facts in brief, leading to this petition are that the Petitioner and the Respondent entered into a Contract dated 17.03.2005 for supply, erection and commissioning of a Brewery Plant at Nargala Industrial Area, Samlana- Jwali, District Kangara, Himachal Pradesh. It is stated that the said Contract Signature Not Verified Digitally Signed By:SHAZAAD ZAKIR O.M.P. (COMM) 479/2018 Page 1 of 22 Signing Date:10.01.2025 18:24:31 contains an Arbitration Clause. It is stated that since the disputes have arisen between the parties. The Arbitrator was appointed by this Court and an Award was rendered by the Ld. Arbitrator on 17.10.2017 which was received by both the parties on 23.10.2017. 4. An application under Sections 33(1)(a), 33(1)(b) and 33(4) of the Arbitration and Conciliation Act, 1996 was filed by the Respondent (Claimant before the Arbitral Tribunal) stating that Claim No.1 which was for the final