KRISHNA UDYOG vs UNION OF INDIA

Judgment text excerpt

$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 09.04.2026 + O.M.P. (COMM) 181/2024 & I.A. 9043/2024 (Ex.) KRISHNA UDYOG .....Petitioner Through: Mr. Kamlesh Ojha, Advocate. versus UNION OF INDIA .....Respondent Through: Ms. Radhika Bishwajit Dubey, CGSC along with Ms. Gurleen Kaur Waraich, Mr. Kritarth Upadhyay, Mr. Vivek Sharma and Mr. Amulya Dev Mishra, Advocates. CORAM: HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR JUDGMENT (ORAL) HARISH VAIDYANATHAN SHANKAR, J. 1. The present Petition has been instituted under Section 34 of the Arbitration and Conciliation Act, 19961, assailing the Award dated 14.11.20232. By way of the Impugned Award, a three-member Arbitral Tribunal dismissed the claims preferred by the Petitioner herein. I. On preliminary objection concerning the delay 2. At the outset, the learned Central Government Standing Counsel appearing on behalf of the Respondent raises a preliminary objection to the maintainability of the present Petition on the ground 1 A&C Act 2 Impugned Award Signature Not Verified Digitally Signed O.M.P. (COMM) 181/2024 Page 1 of 32 By:VARNIKA Signing Date:15.04.2026 16:09:51 that it is barred by limitation. 3. This Court proposes to consider and decide the said preliminary objection at the first instance. 4. At this juncture, this Court finds it apposite to reproduce the bare provision of Section 34 of the A&C Act, as the same is necessary for the proper adjudication of the present case: “34. Application for setting aside arbitral award. - ***** (3) An application for setting aside may not be made after three months have elapsed from the date on which the party making that application had received the arbitral award or, if a request had been made under section 33, from the date on which that request had been dispo