M/S TAMTA CONSTRUCTION CO. PVT LTD vs M/S ALLIED ENERGY SYSTEM PVT. LTD.

Judgment text excerpt

$~87 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 31st July, 2025 + O.M.P. (COMM) 293/2025 M/S TAMTA CONSTRUCTION CO. PVT LTD .....Petitioner Through: Mr. Vinod Zutshi and Mr. R.P. Tamta, Advocates. versus M/S ALLIED ENERGY SYSTEM PVT. LTD. .....Respondent Through: None CORAM: HON'BLE MS. JUSTICE JYOTI SINGH JUDGEMENT JYOTI SINGH, J. (ORAL) I.A. 18215/2025 (u/S 5 of Limitation Act, 1963) 1. This application is filed on behalf of the Petitioner seeking condonation of delay of 325 days in filing the accompanying petition under Section 34 of Arbitration and Conciliation Act, 1996 (‘1996 Act’) challenging the impugned arbitral award dated 13.02.2024 passed by the learned Sole Arbitrator in Case No. DIAC/2434/04-19 titled Allied Energy System Pvt. Ltd. v. Tamta Construction Co. Pvt. Ltd. 2. It is averred in the application that the arbitral award was received on 25.05.2024, however, due to the bank account of the Petitioner company being frozen in respect of certain other matters, Petitioner was under a financial crunch and could not file the petition within the prescribed period of limitation. With a lot of efforts, Petitioner arranged some finances and decided to challenge the award. Delay is also attributed to the fact that the Signature Not Verified Digitally Signed By:KAMAL KUMAR O.M.P. (COMM) 293/2025 Page 1 of 5 Signing Date:03.08.2025 16:02:05 case file and certain documents were missing in the office of the Petitioner. Relevant paragraphs of the application are as follows:- “3. That the Applicant has filed an application for getting certified copies before the copy agency and the same was received on 25.05.2024. 4. That due to financial problems with the petitioner company the bank account of Tamta Construction Co. Pvt. Ltd. maintained by petitioner