UNION OF INDIA vs M/S GR-GAWAR (J.V.)

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 09.10.2025 Judgment pronounced on: 30.10.2025 + FAO(OS) (COMM) 107/2025, CM APPL. 40694/2025 (Stay), CM APPL. 40695/2025 (Ex. from filing certified copies of documents), CM APPL. 40696/2025 (Ex.) & CM APPL. 40697/2025 (Delay of 1 days in filing the appeal) UNION OF INDIA .....Appellant Through: Dr. B. Ramaswamy, CGSC. versus M/S GR-GAWAR (J.V.) .....Respondent Through: Ms. Aditi Tambi, Advocate. CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR JUDGMENT HARISH VAIDYANATHAN SHANKAR, J. 1. The present Appeal has been instituted under Section 37 of the Arbitration and Conciliation Act, 19961, read with Section 13 of the Commercial Courts Act, 2015, challenging the Judgment dated 24.04.20252 passed by the learned Single Judge of this Court in OMP (COMM) No. 38/2025. By the said Judgment, the learned Single Judge dismissed the Petition under Section 34 of the A&C Act filed by the Appellant on the ground of delay, holding that the same was 1 A&C Act 2 Impugned Judgment Signature Not Verified Digitally Signed By:HARVINDER KAUR BHATIA FAO(OS) (COMM) 107/2025 Page 1 of 18 Signing Date:31.10.2025 17:19:51 barred by limitation. 2. The present dispute finds its origin in a contract awarded by the Ministry of External Affairs to the Respondent for the upgradation of existing roads in the Terai Region of Nepal. 3. In accordance with the terms of the contract, the disputes that arose between the parties were first referred to a Dispute Review Expert3. The learned DRE, after considering the respective claims, recommended a partial allowance of the Respondent’s claims along with post-award interest. 4. Dissatisfied with the learned DRE’s recommendations, both parties invoked the