NHPC LTD vs V3S INFRATECH LTD.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: 25th February 2025. Pronounced on: 24th March 2025. * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P. (COMM) 483/2024 I.A. 44982/2024 I.A. 44983/2024 NHPC LTD .....Petitioner Through: Mr. S.S. Ahluwalia, Ms. Saniya Zehra, Mr. Nakul Sachdeva, Mr. Karundeep Singh, Mr. Abhinandan Sharma, Advs. Versus V3S INFRATECH LTD. .....Respondent Through: Mr. Sudhir Nandrajog, Sr. Adv. along with Mr. Praveen Kumar Singh, Mr. Sujit Kumar Singh, Md. Ziauddin Ahmad, Mr. Abhishek Mehra, Ms. Ankita Singh, Advs. CORAM: HON'BLE MR. JUSTICE ANISH DAYAL JUDGMENT ANISH DAYAL, J. I.A. 44984/2024 in O.M.P. (COMM) 483/2024 (Application seeking condonation for delay of 21 days in re-filing of the petition) 1. This judgment seeks to assess and decide the issue of non-est filing of the petition under Section 34 of the Arbitration & Conciliation Act, 1996 (‘A & C Act’) by the petitioner; therefore, its rejection on account of being delayed Signature Not Verified I.A. 44984/2024 in O.M.P. (COMM) 483/2024 Page 1 of 17 Digitally Signed By:MANISH KUMAR Signing Date:27.03.2025 11:49:51 beyond the maximum permitted period of 120-days [90-days, as per Section 34(3) of the A & C Act, and a maximum of 30 days’ extension after proving sufficient cause, as per the proviso to Section 34(3) of the A & C Act]. 2. The petition was filed for setting aside the Arbitral Award dated 23 rd April 2024. An application under Section 33(1)(a) of the A & C Act was filed for corrections in the award. The corrected award was passed on 8 th June 2024. The same, therefore, would be the starting point of limitation, as per the provisions of Section 34(3), which is extracted as under: “Section 34. Application for setting aside arbitral award …… (3). An application for settin