KRISTAL VISION PROJECTS PRIVATE LIMITED vs UNION OF INDIA

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgement delivered on: 23.05.2025 + FAO(OS) (COMM) 206/2024, CM APPL. 52678/2024 KRISTAL VISION PROJECTS PRIVATE LIMITED ....Appellant versus UNION OF INDIA .....Respondent Advocates who appeared in this case For the Appellant : Mr. Arvind Nayyar, Sr. Advocate with Mr. Vinay Tripathi, Mr. Akshay Joshi, Mr. Shravanth Shanker, Ms. Grahita Agarwal, Advocates for the appellant. For the Respondent : Ms. Nidhi Raman, CGSC with Ms. Archana Surve, Government Pleader, Mr. Zubin Singh and Mr. Aakash Mishra, Advocates. CORAM: HON'BLE MR. JUSTICE VIBHU BAKHRU HON'BLE MR. JUSTICE TEJAS KARIA JUDGMENT TEJAS KARIA, J 1. The present appeal has been filed under Section 37 of the Arbitration and Conciliation Act, 1996 (“Act”) being aggrieved by the order dated 27.05.2024 passed by the learned Single Judge of this Court in OMP (COMM) No. 239/2024 (“impugned order”). Signature Not Verified FAO(OS) (COMM) 206/2024 Page 1 of 21 Signed By:NEELAM SHARMA Signing Date:23.05.2025 19:20:57 2. Vide impugned order, the application filed by the Appellant under Section 34 of the Act assailing the Arbitration Award dated 16.10.2023 (“Award”) was dismissed on the ground of delay in the filing of the said application as the same was filed beyond the prescribed period of limitation under Section 34 of the Act. FACTUAL BACKGROUND 3. The dispute between the parties arose out of a contract dated 26.02.2010 entered into for the construction of dwelling units for the armed forces in Meerut, Uttar Pradesh and the letter of acceptance was issued subsequently on 10.03.2010. The contract was entered into for the construction of 826 dwelling units which was awarded to the Appellant. The Respondent issued Termination Letter on 31.03.2016 and the Appellant issued the lette