THE GOVTERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI (GNCTD/UOI) vs M/S R. S. SHARMA CONTRACTORS PVT. LTD.

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 25.09.2025 Judgment pronounced on: 09.10.2025 + FAO(COMM) 262/2023 & CM APPL. 67420/2023 THE GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI (GNCTD/UOI) .....Appellant Through: Mr. Dinesh Malik, Mr. Puneet Jain, Advocates with Mr. Narender Kumar, AE, I & FC Department. versus M/S R.S. SHARMA CONTRACTORS PVT. LTD. ......Respondent Through: Mr. Sanjeev Anand, Senior Advocate with Mr. Bipin Kumar Prabhat and Mr. Bhola Dayal, Advocates. CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR JUDGMENT HARISH VAIDYANATHAN SHANKAR, J. CM APPL. 67422/2023 in FAO(COMM) 262/2023 1. The present Appeal has been instituted under Section 37 of the Arbitration and Conciliation Act, 19961, read with Commercial 1 A&C Act Signature Not Verified Digitally Signed By:HARVINDER KAUR BHATIA FAO(COMM) 262/2023 Page 1 of 15 Signing Date:10.10.2025 16:35:09 Courts Act, 20152, assailing the Judgement dated 11.08.20233 passed by the learned District Judge, Commercial Court-01 (South- West), Dwarka Courts, New Delhi4, in OMP (Comm.) No. 28/2019. By the said judgment, the petition filed by the Appellant under Section 34 of the A&C Act, challenging the Arbitral Award dated 01.05.2019 passed by the Sole Arbitrator, was dismissed. 2. This appeal has been filed beyond the period prescribed by law. Consequently, notice in the main appeal has not yet been issued. Vide order dated 22.12.2023, this Court issued notice in CM APPL. 67422/2023, being an application under Section 5 of the Limitation Act, 19635, read with Section 151 of the Civil Procedure Code, 1908, seeking condonation of the delay in filing the appeal. 3. On 25.09.2025, this Court heard the parties at length in CM APPL. 67422/2023 and res