ARCH CONSTRUCTION CO. vs UNION OF INDIA

Judgment text excerpt

905. EXAL 39969-25.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION EXECUTION APPLICATION (L) NO. 39969 OF 2025 Arch Construction Co. … Applicant Versus Union of India … Respondent Ms. Fleur D’Souza i/b Asahi Legal for the Applicant. CORAM : ABHAY AHUJA, J. DATE : 17th JUNE, 2026 ORAL ORDER:- 1. Circulation of this matter has been sought and the matter is listed as the Registry has raised an objection that the Execution Application filed by the Applicant on 8 th December, 2025 is barred by the law of limitation, as the period of 12 years from the date of enforceability of the award viz. from 19 th July, 2013 has expired on 19 th July, 2025. 2. Ms. D’Souza, learned Counsel appears for the Applicant and submits that in view of the decision of the Hon’ble Supreme Court in the case of Cognizance For Extension of Limitation, In Re 1, which learned Counsel tenders across the bar, since the period between 15 th March, 2020 till 28th February, 2022 has stood excluded for the 1 (2022) 3 SCC 117. Nikita Gadgil 1/7 905. EXAL 39969-25.doc purposes of limitation, the limitation period for filing of the execution application would expire on 4th July, 2027. 3. In support of her contentions, Ms. D’Souza also tenders across the bar another decision of the Hon’ble Supreme Court in the case of IL & FS Financial Services Limited Vs. Adhunik Meghalaya Steels Pvt. Ltd.2, where in paragraph 47 the Hon’ble Supreme Court has clearly held as under:- “47. We have no manner of doubt that par 5.1 of the order of this Court dated 10-1-2022 would apply and the entire period from 15-3-2020 to 28-2-2022 would stand excluded, which would mean that the limitation would, reckoning the acknowledgment of 12-8-2020, commence on 1-3-2022 and continue till 28-2-2025. Since the