UNION OF INDIA vs M/S LAXMAN SHARMA

Judgment text excerpt

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 27th January 2026 + FAO (OS)(COMM) 7/2026 &CM APPL. 3171/2026,CM APPL. 3172/2026,CM APPL. 3173/2026,CM APPL. 3174/2026 UNION OF INDIA Through the Executive Engineer, Muzaffarpur Central Division, Central Public Works Department (CPWD), MSME Campus, Gaushala Road, P.O. Ramna, Muzaffarpur – 842002, Bihar. Email: [email protected] .....APPELLANT Through: Mr. Piyush Hans, Adv. Versus M/s LAXMAN SHARMA Through its Director, Budha Colony, East Boring Canal Road, Patna – 800001, Bihar. Email: [email protected] .....RESPONDENT Through: Dr. Amit George, Mrs. Manmeet Kaur Sareen, and Mr. Adishwar Suri, Advs. CORAM: HON’BLE MR. JUSTICE NITIN WASUDEO SAMBRE HON’BLE MR. JUSTICE AJAY DIGPAUL JUDGMENT (ORAL) NITIN WASUDEO SAMBRE, J. 1. Heard. 2. This appeal is under Section 37 of the Arbitration and Conciliation Act, 1996, (hereinafter referred to as “A&C Act”) read Signature Not Verified Signed By:ALKA BOBAL FAO (OS)(COMM) 7/2026 Page 1 of 9 Signing Date:12.02.2026 10:59:39 with Section 13(1) A of Commercial Courts Act, 2015. 3. The appeal questions the legality of the judgment dated 23rd September, 2025, passed by the learned Single Judge of this Court in O.M.P. (COMM) No.388/2025, whereby the proceedings taken out under Section 34 of the A&C Act, came to be rejected thereby refusing to condone the delay. 4. The fact necessary for deciding the present appeal are as under:- i. For the construction of a school building and boundary wall of Kendriya Vidyalaya in Bihar, a contract was entered into between the appellant and the respondent for a tender value of Rs.8,79,61,037/-. ii. Pursuant to letter of acceptance issued by the appellant on 08th March 2013, the execution of work commenced on 23rd March 2013, as