M/S KCA INFRASTRUCTURE & ANR. vs HDB FINANCIAL SERVICES LTD

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 06.10.2025 + FAO (COMM) 179/2022 & CM APPL No.51218/2022 M/S KCA INFRASTRUCTURE & ANR .....Appellants versus HDB FINANCIAL SERVICES LIMITED .....Respondent Advocates who appeared in this case For the Appellant : Mr Manoj Kumar Sahu and Ms Anushree Priya, Advocates. For the Respondent : Mr Amit Sinha, Mr S P M Triptathi, Mr Rahul Poonia and Mr Gaurav Tripahti, Advocates. CORAM: HON'BLE MR. JUSTICE V. KAMESWAR RAO HON'BLE MR. JUSTICE VINOD KUMAR JUDGMENT V. KAMESWAR RAO, J. 1. This appeal has been filed under Section 37(1)(c) of the Arbitration and Conciliation Act, 1996 (the Act) against the impugned order dated 29.08.2022 passed by the learned District Judge (Commercial Courts)-01, Patiala House Courts, New Delhi (learned District Judge) in OMP (COMM) 88/2021, whereby the learned District Judge has dismissed the petition under Section 34 of the Act and allowed the application of the respondent under Order VII Rule 10 of the Code of Signature Not Verified Signed By:PRADEEP FAO (COMM) 179/2022 Page 1 of 17 SHARMA Signing Date:06.10.2025 15:05:26 Civil Procedure, 1980 (hereinafter CPC) holding that the District Judge does not have the jurisdiction to entertain the same. 2. The respondent herein had invoked the arbitration clause and filed a claim which was allowed by the learned Sole Arbitrator vide award dated 30.10.2019, awarding a sum of Rs.30,92,780/- with interest @ 18% per annum from the date of the claim till payment/realization in favour of claimant/respondent. Further the appellants were directed to give possession of the vehicle/construction equipment to the claimant/ respondent, giving them an option to appropriate the sale proceeds of the same as per the award. The appellants have also been dire