NISHA MANGLA & ORS vs TVS LOGISTRICS SEVICES LTD

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 30.06.2025 + FAO 515/2019 and CM APPL. 55292/2019 NISHA MANGLA & ORS .....Appellants versus TVS LOGISTRICS SEVICES LTD .....Respondent Advocates who appeared in this case For the Appellants : Ms. Kirti Mewar, Ms. Kirti Sharma, Mr. Ajay Lulla, Advocates. For the Respondent : Mr. Jitendra Singh Bhasin, Mr. Manoj R. Sinha, Mr. Nishant Shokeen, Advocates. CORAM: HON'BLE MR. JUSTICE TEJAS KARIA [ JUDGMENT TEJAS KARIA, J INTRODCUTION: 1. The Appellants have filed the present Appeal under Section 37 of the Arbitration and Conciliation Act, 1996 (‘Act’), being aggrieved by the order and judgment dated 30.09.2019 (‘Impugned Order’) passed by the ADJ, South, Saket District Court, New Delhi (‘District Court’), whereby the Petition under Section 34 of the Act, filed by the Appellants, against the Arbitration Award dated 27.04.2015 passed by the learned Sole Arbitrator (‘Award’) was dismissed. 2. The Petition under Section 34 of the Act was filed by the Appellants on the ground that the arbitration clause was contained in an Signature Not Verified Signed By:NEELAM FAO 515/2019 Page 1 of 14 SHARMA Signing Date:04.07.2025 19:07:12 agreement, which was neither registered nor properly stamped and, hence, the arbitration clause was inadmissible in evidence and the learned Arbitral Tribunal had no jurisdiction to pass the Award. However, the learned District Court rejected the argument on the ground that the same was not raised by the Appellants at the time of hearing of the Petition under Section 11 of Act. The learned District Court also rejected the other factual and legal objections raised by the Appellants in the Impugned Order. BACKGROUND: 3. The Appellants are the absolute owners of the premises admeasuring about 47