OM PRAKASH vs SMT. LAXMI MAURYA

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 08.01.2026 Judgment pronounced on: 13.01.2026 Judgment uploaded on: 13.01.2026 + FAO (COMM) 57/2023, CM APPL. 11061/2023, CM APPL. 11062/2023 OM PRAKASH .....Appellant Through: Mr. Saurabh Kansal, Adv. versus SMT LAXMI MAURYA .....Respondent Through: Mr. Rohan Ahuja, Adv. CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE AMIT MAHAJAN JUDGMENT ANIL KSHETARPAL, J. 1. While invoking the jurisdiction of this Court under Section 37 of the Arbitration and Conciliation Act, 1996 [hereinafter referred to as ‘AC Act’], read with Section 13 of the Commercial Courts Act, 2015 [hereinafter referred to as ‘CC Act’], the Appellant assails the correctness of the order dated 31.10.2022 [hereinafter referred to as ‘Impugned Order’] passed by the learned Commercial Court, whereby the Appellant’s petition under Section 34 of the AC Act seeking to set aside the arbitral award dated 15.11.2019 was dismissed. 2. The arbitral award directs the Appellant to pay to the Respondent a sum of Rs.6,00,000/-, along with interest quantified at Rs.3,15,000/- for the period from 08.04.2012 to 07.01.2014, further Signature Not Verified Signed By:JAI NARAYAN FAO(COMM) 57/2023 Signing Date:13.01.2026 17:22:01 Page 1 of 9 simple interest @ 8% per annum from 08.01.2014 till realization, with a stipulation of enhanced interest @ 10% per annum in case of non- payment within 90 days, besides Rs.35,000/- towards litigation costs. FACTUAL MATRIX 3. In order to appreciate the controversy involved in the present Appeal, it is necessary to briefly advert to the relevant factual background. The Respondent asserts that she had advanced a friendly loan aggregating to a sum of Rs.6,00,000/- to the Appellant on execution of two agreements o