UNION OF INDIA vs M/S AGRAWAL AND CO.

Judgment text excerpt

$~153 & 154 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 22.05.2025 (153)+FAO (COMM) 14/2025 & CM APPL. 3034/2025, CM APPL. 3035/2025, CM APPL. 3036/2025 (154)+FAO (COMM) 11/2025 & CM APPL. 2380/2025, CM APPL. 2382/2025 UNION OF INDIA .....Appellant Through: Mr.Sushil Kumar Pandey, SPC with Ms.Richa Pandey, Ms.Neha Yadav and Mr.Vaibhav Soni, Advs. versus M/S AGRAWAL AND CO. .....Respondent Through: Ms.Risha Mittal, Ms.Simran Mehrotra, Mr.Rohan Narula, Mr.Sanchit Gupta and Mr.Md. Adil Alam, Advs. CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MS. JUSTICE RENU BHATNAGAR NAVIN CHAWLA, J. (ORAL) 1. These appeals have been filed challenging the Orders dated 09.08.2024 passed by the learned District Judge (Commercial-03), Patiala House, New Delhi in OMP (Comm) No.180/2023 (in FAO (COMM) 14/2025) and in OMP (Comm) No.181/2023 (in FAO (COMM) 11/2025), both titled Union of India v. M/s Agrawal & Co., dismissing the applications filed by the appellant under Section 34 of Signature Not Verified Digitally Signed FAO (COMM) 14/2025& FAO (COMM) 11/2025 Page 1 of 10 By:RENUKA NEGI Signing Date:24.05.2025 19:29:12 the Arbitration & Conciliation Act, 1996 (hereinafter referred to as, “A&C Act”) as being barred by limitation and also being beyond the maximum condonable period as provided under Section 34 (3) of the A&C Act. 2. As both the appeals raise similar questions of fact and law, they are being disposed of by this common Judgment. 3. As a brief background of the facts in which the present appeals arise, it is an admitted position that the learned Sole Arbitrator pronounced the Awards in the respective disputes on 08.08.2023. It is also admitted that he communicated these Awards to the parties by way of a Letter dated 08.08.2023, sent via an e-mail on the same day.