Delhi High Court
Govt Of Nct Of Delhi vs M/S Rkmt Buildcon Pvt Ltd on 19 November, 2024
Author: Sachin Datta
Bench: Sachin Datta
$~81
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision : 19.11.2024
+ O.M.P. (COMM) 487/2024 and IA No.45252/2024 (Stay)
GOVT OF NCT OF DELHI .....Petitioner
Through: Mr. Dinesh Malik, Panel Counsel
along with Mr. Puneet Jain, Ms. Kiffi
Aggarwal, Advs. and Mr. Vijay
Kumar Dubey, Ex. En.
versus
M/S RKMT BUILDCON PVT LTD .....Respondent
Through: Mr. Sanjay Bansal, Adv.
CORAM:
HON'BLE MR. JUSTICE SACHIN DATTA
SACHIN DATTA, J. (Oral)
IA Nos.45253/2024 (Exemption from filing true typed copies of dim/illegible annexures), 45254/2024 (Exemption from signing of the each page of the documents)
1. Allowed, subject to all just exceptions.
2. Applications stand disposed of.
IA No.45255/2024 (seeking condonation of delay of 20 days in filing the petition)
3. This is an application seeking condonation of delay in filing the present petition.
4. The present petition impugns the arbitral award dated 28.12.2023, passed by the learned Sole Arbitrator.
5. During the course of arguments, it is admitted by learned counsel for Signature Not Verified Digitally Signed By:ROHIT O.M.P. (COMM) 487/2024 Page 1 of 3 KUMAR PATEL Signing Date:26.11.2024 01:05:19 the petitioner, that a petition under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter 'the A&C Act') was filed only on 24.04.2024 before the learned District Judge, Commercial Court (South), Saket, New Delhi. As such, the initial filing was itself beyond the period of three months prescribed under Section 34(3) of the A&C Act.
6. The said petition under Section 34 of the A&C Act came to be withdrawn by the petitioner on 09.10.2024. The order dated 09.10.2024 reads as under:
"Ld. Counsel for petitioner seeks permission to withdraw the present petition with liberty to file the same before Court of competent jurisdiction. Let the statement of AR of petitioner be recorded."
7. The present petition has been admittedly filed before this Court on 08.11.2024.
8. It is evident from the above chronology that even if benefit under Section 14 of the Limitation Act, 1963, is given and the entire period that the petitioner spent in prosecuting the matter before the District Judge, Commercial Court (South), Saket is excluded, even then, the filing on 08.11.2024 was beyond the maximum period prescribed under Section 34(3) of the A&C Act.
9. In terms of the judgment of the Supreme Court in Union of India v. Popular Construction Co. (2001) 8 SCC 470, it is not possible to condone the delay beyond the period mentioned in Section 34(3) of the A&C Act. This has been affirmed in a series of cases, including Simplex Infrastructure Ltd. v. Union of India (2019) 2 SCC 455, State of West Bengal v. Rajpath Contractors and Engineers Ltd. (2024) 7 SCC 257, National Research Development Corporation & Anr. v. Chromous Biotech Signature Not Verified Digitally Signed By:ROHIT O.M.P. (COMM) 487/2024 Page 2 of 3 KUMAR PATEL Signing Date:26.11.2024 01:05:19 Pvt. Ltd. 2024:DHC:131 and Container Corporation of India Ltd. v. Shivhare Road Lines 2024 SCC OnLine Del 5490.
10. In the circumstances, there is no merit in the application and the same is consequently dismissed.
11. Consequently, the present petition, along with pending application, also stands dismissed.
SACHIN DATTA, J NOVEMBER 19, 2024/cl Signature Not Verified Digitally Signed By:ROHIT O.M.P. (COMM) 487/2024 Page 3 of 3 KUMAR PATEL Signing Date:26.11.2024 01:05:19