CARS 24 SERVICES PVT. LTD. vs DNA ARCHITECTS

Judgment text excerpt

$~63 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 26th March, 2025 + CM(M) 559/2025 & CM APPL. 17492-17494/2025 CARS 24 SERVICES PVT. LTD. .....Petitioner Through: Mr. Rohit Gupta with Mr. Gopal Agonia, Advocates. versus DNA ARCHITECTS .....Respondent Through: None. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. There is an award in favour of petitioner herein. 2. Aggrieved by the same, the opposite party i.e. DNA Architects filed objection petition under Section 34 of Arbitration & Conciliation Act, 1996. It was accompanied by an application seeking condonation of delay. When such application was taken up by learned District Judge (Commercial Court) on 31.07.2023, it condoned the delay in filing such petition and issued notice to the other side. 3. The grievance raised in the present petition is limited to the effect that the delay could not have been condoned, in the manner it has been done. According to learned counsel for the petitioner, the permissible outer limit is 120 days and such period is absolute and cannot be extended and, therefore, delay in filing the petition, beyond said period, cannot be condoned, that too, without hearing the opposite side. 4. The abovesaid order is under challenge. Signature Not Verified Digitally Signed CM(M) 559/2025 1 By:SONIA THAPLIYAL Signing Date:27.03.2025 14:31:27 5. However, various subsequent orders passed by learned District Judge (Commercial Court) would indicate that learned District Judge (Commercial Court) is, somehow, still seized of such application as it is also hearing arguments with respect to the same application i.e. application filed under Section 5 of Limitation Act, 1963 whereby the Objector is seeking condonation of delay in filing the objection petition filed under Section