EMPLOYEES STATE INSURANCE CORPORATION vs M/S MUKESH ASSOCIATES

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 13.01.2026 Judgment pronounced on: 03.02.2026 + O.M.P. (COMM) 46/2024, CAV 27/2024, I.A. 1594/2024 (Stay), I.A. 1595/2024 (Ex. From filing complete record of arbitration proceedings), I.A. 1596/2024 (Delay of 59 days in re-filing the petition) & I.A. 45151/2024 (Delay of 29 days in filing petition) EMPLOYEES STATE INSURANCE CORPORATION .....Petitioner Through: Ms. Geeta Luthra, Senior Advocate with Mr. Tamim Qadri, Mr. Rishabh Dahiya and Ms. Shivani Luthra Lohiya, Advocates and Mr. Bhaskar Kumar, SSO, ESIC in person. versus M/S MUKESH ASSOCIATES .....Respondent Through: Mr. S. Santanam Swaminadhan, Ms. Abhilasha Shrawat, Ms. Shivani Choudhary and Ms. Prerna, Advocates. CORAM: HON’BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR JUDGMENT HARISH VAIDYANATHAN SHANKAR, J. 1. The present petition filed under Section 34 of the Arbitration and Conciliation Act, 19961, read with Section 151 of the Code of Civil Procedure, 1908 2 , challenges the Arbitral Award dated 1 A&C Act 2 CPC Signature Not Verified Digitally Signed By:HARVINDER KAUR BHATIA O.M.P. (COMM) 46/2024 Page 1 of 25 Signing Date:07.02.2026 12:20:22 02.06.20233 passed by the learned Sole Arbitrator in Case Ref. No. DAC/897/03-15. 2. Before adverting to the merits of the challenge laid under Section 34 of the A&C Act, this Court deems it appropriate to first examine the aspect of condonation of delay and the plea of non-est filing raised in the present proceedings. The determination of these preliminary issues goes to the very root of the matter and would decide whether the present petition survives for consideration on merits. 3. Before proceeding further, it would be apposite to briefly set out the necessary and undisputed facts, insofar as they are r