UNION OF INDIA vs M/S GARG BUILDERS

Judgment text excerpt

$~93 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision : 25.07.2025 + O.M.P. (COMM) 278/2025, I.A. 17603/2025, I.A. 17604/2025, I.A. 17605/2025, I.A. 17606/2025 UNION OF INDIA .....Petitioner Through: Mr. Ruchir Mishra, Mr. Mukesh Kumar Tiwari and Mr. Reba Mishra, Advs. versus M/S GARG BUILDERS .....Respondent Through: CORAM: HON'BLE MR. JUSTICE JASMEET SINGH : JASMEET SINGH, J (ORAL) I.A. 17607/2025 & I.A. 17608/2025 Exemption allowed, subject to all just exceptions. The application is disposed of. O.M.P. (COMM) 278/2025 1. This is a petition filed under Section 34 of the Arbitration and Conciliation Act, 1996 (“the Act”) challenging the Arbitral Award dated 01.09.2022 and modified award dated 20.09.2022 passed by the learned arbitrator in Arbitration Case being ARB/OPB/CPWD/72. 2. At the outset, learned counsel for the petitioner has been asked to address the issue as to how the petition is filed within the limitation Digitally Signed By:MAYANK Signing Date:30.07.2025 O.M.P. (COMM.) 278/2025 Page 1 of 8 20:10:04 period. 3. In the present case, there is no dispute that the petitioner was served with the arbitral award dated 01.09.2022 and modified award dated 20.09.2022 on the said dates. 4. On 03.01.2023, the petitioner challenged the award before the Karnal District Court. Hence, on 03.01.2023, the petitioner had consumed 104 days. 5. However, on 20.07.2024, the Karnal District Court returned the petition to the petitioner with liberty to file before the appropriate territorial jurisdictional court and also observed that the petitioner would be entitled to the benefit of Section 14 of the Limitation Act, 1963 (“the limitation act”). 6. Thereafter, on 21.08.2024, the petitioner filed the petition under Section 34 of the Act before the Rohini District Court, t