ASHOK KUMAR vs DELHI METRO RAIL CORPORATION LIMITED

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 29.08.2025 Pronounced on: 19.09.2025 + FAO (COMM) 244/2025 ASHOK KUMAR .....Appellant Through: Mr.Jagjit Singh, Adv. versus DELHI METRO RAIL CORPORATION LIMITED ....Respondent Through: Mr. Srinivasan Ramaswamy, Adv. CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MS. JUSTICE MADHU JAIN JUDGMENT NAVIN CHAWLA, J. 1. This appeal has been filed by the appellant under Section 37 (1)(b) of the Arbitration and Conciliation Act, 1996 (in short, ‘A&C Act’) challenging the Order dated 02.04.2025 (hereinafter referred to as the ‘Impugned Order’) passed by the learned District Judge (Commercial)-03, Patiala House Courts, New Delhi (hereinafter referred to as the ‘learned District Judge) in OMP (COMM)- 72/23, titled Ashok Kumar v. Delhi Metro Rail Corporation Limited & Anr., whereby the learned District Judge has dismissed the application under Section 14 of the Limitation Act, 1963 (in short, ‘Limitation Act’) read with Section 151 of the Code of Civil Procedure, 1908 (in short, ‘CPC’), filed by the appellant herein, seeking exclusion of time Signature Not Verified Digitally Signed FAO (COMM) 244/2025 Page 1 of 15 By:REYMON VASHIST Signing Date:19.09.2025 18:26:04 spent by the appellant in prosecuting its initial challenge to the arbitral Award dated 01.11.2019 before the court having no territorial jurisdiction. Brief facts: 2. It is the case of the appellant that the appellant, vide acceptance letter dated 17.05.2012, was awarded parking rights at Netaji Subhash Place for a period of three years from 01.06.2012 to 30.06.2015 at a monthly license fee of Rs.2,73,300/- for a total super area measuring 4555.51 Sq. Mtrs. Subsequently, the parking area was reduced and area measuring 2871.79 Sq. Mtrs. was taken over from the appella