C K INFRASTRUCTURE LIMITED vs NATIONAL HIGHWAYS AND INFRASTRUCTURE DEVELOPMENT CORPOATION LIMITED

Judgment text excerpt

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 25th July, 2025 + O.M.P. (COMM) 535/2024 with I.A. 47901/2024 C K INFRASTRUCTURE LIMITED .....Petitioner Through: Mr. Achal Gupta and Ms. Chanchal Gupta, Advocates. versus NATIONAL HIGHWAYS AND INFRASTRUCTURE DEVELOPMENT CORPOATION LIMITED .....Respondent Through: Mr. Shiv Kumar Pandey, Mr. Anshul Rai and Mr. Rajan Parmar, Advocates. CORAM: HON'BLE MR. JUSTICE AMIT BANSAL AMIT BANSAL, J. (Oral) 1. I.A. 47901/2024 has been filed on behalf of the petitioner under Section 14 of the Limitation Act, 1963 seeking condonation of 9 days’ delay in filing the present petition under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter ‘Act’). 2. At the outset, Mr. Achal Gupta, counsel appearing on behalf of the petitioner, submits that the present petition has been filed within the prescribed period of limitation and this application has been filed only out of abundant caution. Signature Not Verified Digitally Signed O.M.P. (COMM) 535/2024 Page 1 of 5 By:VIVEK MISHRA Signing Date:01.08.2025 13:06:30 3. It is the case of the petitioner that the impugned award was passed and served upon the petitioner through email on 15th July, 2024. The petitioner thereafter filed a petition under Section 34 of the Act titled C K Infrastructure v. National Highway and Infrastructure Development Corporation Limited, OMP (COMM) 225/2024, before the Commercial Court, Patiala House Courts, New Delhi. The said petition was filed on 14th October, 2024, i.e., within the 90 days’ prescribed period of limitation. A screenshot from the e-filing portal of Patiala House Courts, New Delhi has been filed on behalf of the petitioner to substantiate the aforesaid filing before the Patiala House Courts on 14th October, 2024 (refer D