Delhi High Court
Public Works Department vs Mia Construction Private Limited on 28 April, 2025
Author: Purushaindra Kumar Kaurav
Bench: Purushaindra Kumar Kaurav
$-32
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ O.M.P. (COMM) 527/2024 and I.A. 47481-47484/2024
Date of Decision: 28.04.2025
IN THE MATTER OF:
PUBLIC WORKS DEPARTMENT
THROUGH (EXECUTIVE ENGINEER),
EDUCATION MAINTENANCE DIVISION (S&SE)
UNDER OKHLA FLYOVER, MATHURA ROAD,
NEW DELHI-110065 .....Applicant
Through: Mr.S.K. Sangwan, Advocate.
versus
MIA CONSTRUCTION PRIVATE LIMITED
OFFICE- A-31 GAURAV APARTMENT,
PATPARGANJ, NEW DELHI- 110092
.....Respondent
Through: Mr.Avinash Trivedi, Mr.Anurag,
Mr.Rahul, Mr.Rhytham, Mr.Jatin and
Ms.Ritika, Advocates.
HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV
JUDGEMENT
PURUSHAINDRA KUMAR KAURAV, J. (ORAL)
1. The instant petition has been filed under Section 34 of the Arbitration and
Conciliation Act, 1996 (Act of 1996), seeking for the following relief(s):-
"a) Quash and set aside the part of impugned award dated 01/02/2024 with
respect to the finding and observation against the petitioner in claim no.
1.2(i), 1.2(ii), 1.2(iv), 1.4, 2.3, 4(i), 4.1, 5.1, 5.2, 7 & 8as passed by the Ld.
Arbitrator and further to allow the counter claims of the Petitioner.
Signed By:NEHA CHOPRA Signed
Signing Date:16.05.2025 By:PURUSHAINDRA
15:41:37
KUMAR KAURAV
b) Award costs against the Respondent and in favour of the Petitioner."
2. The instant matter was earlier taken up on 31.01.2025. On the said date,
an objection was raised by the respondents with respect to the filing dated
29.05.2024. It was contended that the filing dated 29.05.2024 is non est in law.
3. Therefore, in order to ascertain the same, the Court directed the Registry
to place on record the complete set of documents which were presented by the
petitioner on 28.05.2024. The aforesaid inquiry was necessary to consider the
objection as to whether any re-filing after expiry of 120 days from the date of
knowledge of the award has to be considered fresh filing rendering the
application as barred by limitation.
4. Pursuant to the same, the Registry has placed on record a document
consisting 10 pages, which were filed on 28.05.2024, purportedly as part of the
original filing. The said aspect has been noted vide order dated 01.04.2025. On
the said date, the Court also directed the parties to prepare a short note along
with the decisions to be relied upon.
5. Thereafter, the matter was called out for hearing on 08.04.2025 and on the
said date, the applicant has sought further time. On perusal of the limitation and
defect information available in the Court record, it is observed that the initial
filing under Section 34 was made on 29.05.2024. At that time, only 10 pages
were submitted, with no service or supporting documents.
6. This was followed by a second attempt of filing on 18.08.2024, which
spanned into 518 pages. However, the second filing was also mostly blank and
without any requisite material particulars like affidavit, vakalatnama, arbitral
award or any supporting documents. The Registry raised objections accordingly.
Signed By:NEHA CHOPRA Signed
Signing Date:16.05.2025 By:PURUSHAINDRA
15:41:37
KUMAR KAURAV
The third filing was made on 21.08.2024, consisting of 518 pages. However, the
statement of truth still contained blanks.
7. On 03.09.2024, the fourth attempt was made, but again, the application,
memorandum of parties, index, and power of attorney were not signed by the
petitioners and their advocate. A fifth attempt was made on 07.09.2024, but the
same issue of blanks in the statement of truth persisted.
8. Subsequently, on 13.11.2024, the sixth filing was made, wherein the
Registry pointed out that blanks in the affidavit remained to be filled. On
20.11.2024, the seventh filing was made with an increased total of 575 pages,
but once again, the statement of truth contained blanks. The eighth and ninth
filings were made on 21.11.2024 and 04.12.2024 respectively, with the final
effective date of filing recorded as 05.12.2024 and the petition being registered
on 06.12.2024.
9. The filing and objection history as available in the online server of the
Court is reproduced hereunder for the sake of clarity:-
REFILE DEFECTS
DATE
18-08-2024 1. EACH PAGE OF PLEADING BE SIGNED BY THE
PETITIONER/PETITIONERS. BLANKS BE FILLED IN THE
STATEMENT OF TRUTH.
2. PLEASE INSERT AVERMENT BEFORE THE PRAYER
REGARDING COMMERCIAL DISPUTE AS PER PRACTICE
DIRECTION.
3. PLEASE INSERT THE PARA OF PECUNIARY JURISDICTION
WITH VALUE OR IT SHOULD BE STATED HOW THE PETITION
IS MAINTAINABLE AS PER PECUNIARY JURISDICTION.
4. E-COURT FEE RECEIPT NO. BE ENTERED AT THE TIME OF
FILING THE MATTER.
5. ONE-TIME PF TO BE FILED BY THE PLAINTIFF AT THE TIME
OF FILING OF THE PLAINT/PETITION/SUIT AND BY THE
DEFENDANT AT THE TIME OF FILING OF THE WRITTEN
STATEMENT. CH-I, R-13 -VI, R-2 -2018
Signed By:NEHA CHOPRA Signed
Signing Date:16.05.2025 By:PURUSHAINDRA
15:41:37
KUMAR KAURAV
6. CERTIFICATE TO THE EFFECT THAT RELEVANT RECORD OF
THE ARBITRATION PROCEEDINGS BEING THE RELEVANT
PLEADINGS DOCUMENTS DEPOSITIONS ETC HAS BEEN FILED
7. CAVEAT REPORT BE OBTAINED AND AT THE TIME OF EACH
SUBSEQUENT REFILING AND PROOF OF SERVICE BE FILED.
8. FRESH NOTICE OF MOTION UPON COUNSEL FOR
CONCERNED RESPONDANT BE FILED IF 3 DAYS HAVE
ELAPSED SINCE THE DATE OF LAST SERVICE. ANY
AMENMENTS DONE IN THE PETITION SHOULD ALSO BE
INFORMED/SERVED TO THE OPPOSITE/CONCERNED PARTY
9. SERVICE BE MADE TO THEIR NOMINATED COUNSEL
PERSONALLY / TRACKING REPORT / DELIVERY REPORT OF
SPEED POST / COURIER BE ATTACHED
11. PETITION/ APPLICATIONS/ ANNEXURES/ORDER/POWER OF
ATTORNEY SHOULD BE STAMPED / COURT FEES SHORT OR
MISSING
12. AFFIDAVIT BE FILED IN SUPPORT OF
PETITION/APPEAL/APPLICATION AND ATTESTED/IDENTIFIED.
PARENTAL DETAILS/AGE/COMPLETE ADDRESS BE GIVEN.
NECESSARY AVERMENTS BE GIVEN SINCE THE AFFIDAVIT
HAS BEEN SIGNED IN VERNACULAR. NO MODIFICATION IS
ALLOWED. IT SHOULD BE RE-TYPED AND ATTESTED.
13. NO. OF DAYS BE GIVEN IN THE PRAYER OF DELAY
APPLICATION.
14. VAKALATNAMA BE FILED / DATED AND SIGNED BY THE
COUNSEL AND ALL PETITIONERS. EACH ADVOCATE MUST
MENTION THEIR NAME/ ADDRESS/ ENROLMENT NO. MOBILE
NUMBER/ EMAIL IN VAKALATNAMA. TITLE ON THE
VAKALATNAMA BE CHECKED. WELFARE STAMP BE AFFIXED.
SIGNATURE OF THE CLIENT BE IDENTIFIED.
15. STATEMENT OF TRUTH BE FILED AS PER COMMERCIAL
COURTS ACT, 2015. ENTIRE PLEADINGS BE SIGNED BY THE
PLAINTIFF/PETITIONER O XI- R-1(3) OF CPC (AMENDED) BY
COMMERCIAL COURTS ACT, 2015 -2018
16. AN UNDERTAKING BE GIVEN BELOW INDEX THAT EACH
AND EVERY PAGE OF THE PETITION/APPEAL/APPLICATION IS
FILED IN OCR FORMAT
17. IN CASE OF ELECTRONIC DOCUMENTS- DECLARATION ON
OATH BE FILED BY THE PARTY FOR ELECTRONIC RECORDS
AS PER ORDER XI RULE VI OF CPC.
18. PETITION/ APPLICATIONS/ MOP/ INDEX/ POWER OF
ATTORNEY BE SIGNED AND DATED BY PETITIONERS AND
ADVOCATE
19. APPLICATION FOR CONDONATION OF DELAY IN
FILING/REFILING BE FILED ALONG WITH AFFIDAVIT.
20. DESCRIPTION OF ANY OTHER DEFECTS:TOTAL 10 PAGES
Signed By:NEHA CHOPRA Signed
Signing Date:16.05.2025 By:PURUSHAINDRA
15:41:37
KUMAR KAURAV
FILED, NO PAGE NUMBERING MENTIONED ON THE INDEX,
COURT FEES BE PAID. ONE TIME PF FEES BE PAID AS PER
NOTIFICATION DT 23/08/2019.NO PETITION FILED, NO
AFFIDAVIT FILED, NO VAKALATNAMA FILED, NO AWARD
FILED, NO DOCUMENTS FILED,UNDER OBJECTIONS.
21-08-2024 1. DOCUMENT BE MADE TRUE COPY AT THE BOTTOM OF
EACH PAGE AND SIGNED. DOCUMENT NUMBER SHOULD BE
MARKED PROPERLY IN THE INDEX AS WELL AS ON TOP OF
THE ANNEXURE FILED WITH THE PETITION.
2. DESCRIPTION OF ANY OTHER DEFECTS:TOTAL 518 PAGES
FILED, PETITION BE FILED AS PER NEW FORMAT CIRCULAR
NO.21151/I/ORGINAL/DHC DT 16/12/22 IN A MANNER SIMILAR
TO THOSE PERTAINING TO WRIT PETITIONS.BLANKS BE
FILLED IN STATEMENT OF TRUTH,SPECIFIED PECUNIARY
VALUE BE GIVEN IN THE PARA OF PECUNIARY JURISDICTION
COURT FEES BE PAID. ONE TIME PF FEES BE PAID AS PER
NOTIFICATION DT 23/08/2019.NO DOCUMENTS SHALL BE
FILED AS ANNEXURE TO ANY PLEADING, AS PER DELHI HIGH
COURT RULES ANNEXURE E (PRACTICE DIRECTIONS),18.
CERTIFICATE TO THE EFFECT THAT THE RELEVANT RECORD
OF THE ARBITRATION PROCEEDINGS BEING THE RELEVANT
PLEADING, DOCUMENTS ETC, RELEVANT FOR DECIDING THE
PETITION UNDER SECTION 34 OF THE ARBITRATION AND
CONCILIATIO ACT, 1996 ARE BEING FILED ESPECIALLY ALL
THE PLEADING, DOCUMENTS, ETC REFERRED IN THE
ARBITRATION AWARD RELEVANT TO THE PRESENT PETITION
ARE BEING FILED".3. BLANKS BE FILLED IN STATEMENT OF
TRUTH 4. THE COUNSEL SHALL SPECIFICALLY INDICATE,
OVER THE INDEX ACCOMPANYING THE PETITION: (I) THE
DETAILS OF ANY CONNECTED PETITION OR APPEAL, ARISING
OUT OF THE SAME AGREEMENT OR ARBITRAL AWARD, IF
ANY" PENDING BEFORE THIS COURT. (II) THE BENCH BEFORE
WHICH PETITION IS LISTED, (III) THE NEXT DATE OF HEARING
IN THE CONNECTED MATTER.' AS PER PRACTICE DIRECT DT.
15TH FEBRUARY 2022.UNDER OBJECTIONS
3. DESCRIPTION OF ANY OTHER DEFECTS:TOTAL 518 PAGES
FILED, OBJECTIONS DATED 20/08/2024 STILL PERSIST.
25-08-2024
03-09-2024 1. PETITION/ APPLICATIONS/ MOP/ INDEX/ POWER OF
ATTORNEY BE SIGNED AND DATED BY PETITIONERS AND
ADVOCATE
2. DESCRIPTION OF ANY OTHER DEFECTS:TOTAL 518 PAGES
FILED, OBJECTIONS DATED 20/08/2024 STILL PERSIST.
07-09-2024 1. DESCRIPTION OF ANY OTHER DEFECTS:TOTAL 518 PAGES
FILED, OBJECTIONS DATED 20/08/2024 STILL PERSIST. (PLEASE
SEE TO REGISTRY)
Signed By:NEHA CHOPRA Signed
Signing Date:16.05.2025 By:PURUSHAINDRA
15:41:37
KUMAR KAURAV
2. DESCRIPTION OF ANY OTHER DEFECTS:TOTAL 518 PAGES
FILED, PETITION BE FILED AS PER NEW FORMAT CIRCULAR
NO.21151/I/ORGINAL/DHC DT 16/12/22 IN A MANNER SIMILAR
TO THOSE PERTAINING TO WRIT PETITIONS,,SPECIFIED
PECUNIARY VALUE BE GIVEN IN THE PARA OF PECUNIARY
JURISDICTION COURT FEES BE PAID. ONE TIME PF FEES BE
PAID AS PER NOTIFICATION DT 23/08/2019..NO DOCUMENTS
SHALL BE FILED AS ANNEXURE TO ANY PLEADING, AS PER
DELHI HIGH COURT RULES ANNEXURE E (PRACTICE
DIRECTIONS),18. CERTIFICATE TO THE EFFECT THAT THE
RELEVANT RECORD OF THE ARBITRATION PROCEEDINGS
BEING THE RELEVANT PLEADING, DOCUMENTS ETC,
RELEVANT FOR DECIDING THE PETITION UNDER SECTION 34
OF THE ARBITRATION AND CONCILIATIO ACT, 1996 ARE
BEING FILED ESPECIALLY ALL THE PLEADING, DOCUMENTS,
ETC REFERRED IN THE ARBITRATION AWARD RELEVANT TO
THE PRESENT PETITION ARE BEING FILED" BLANKS BE
FILLED IN STATEMENT OF TRUTH 4. THE COUNSEL SHALL
SPECIFICALLY INDICATE, OVER THE INDEX ACCOMPANYING
THE PETITION: (I) THE DETAILS OF ANY CONNECTED
PETITION OR APPEAL, ARISING OUT OF THE SAME
AGREEMENT OR ARBITRAL AWARD, IF ANY" PENDING
BEFORE THIS COURT. (II) THE BENCH BEFORE WHICH
PETITION IS LISTED, (III) THE NEXT DATE OF HEARING IN THE
CONNECTED MATTER.' AS PER PRACTICE DIRECT DT. 15TH
FEBRUARY 2022.OBJECTIONS PERSIST.
13-11-2024 1. BLANKS BE FILLED IN AFFIDAVIT
2. DESCRIPTION OF ANY OTHER DEFECTS:TOTAL 573 PAGES
FILED,18. CERTIFICATE TO THE EFFECT �THAT THE
RELEVANT RECORD OF THE ARBITRATION PROCEEDINGS
BEING THE RELEVANT PLEADING, DOCUMENTS ETC,
RELEVANT FOR DECIDING THE PETITION UNDER SECTION 34
OF THE ARBITRATION AND CONCILIATIO ACT, 1996 ARE
BEING FILED ESPECIALLY ALL THE PLEADING, DOCUMENTS,
ETC REFERRED IN THE ARBITRATION AWARD RELEVANT TO
THE PRESENT PETITION ARE BEING FILED" BE GIVEN IN THE
PETITION.THE COUNSEL SHALL SPECIFICALLY INDICATE,
OVER THE INDEX ACCOMPANYING THE PETITION: (I) THE
DETAILS OF ANY CONNECTED PETITION OR APPEAL, ARISING
OUT OF THE SAME AGREEMENT OR ARBITRAL AWARD, IF
ANY" PENDING BEFORE THIS COURT. (II) THE BENCH BEFORE
WHICH PETITION IS LISTED, (III) THE NEXT DATE OF HEARING
IN THE CONNECTED MATTER.' AS PER PRACTICE DIRECT DT.
15TH FEBRUARY 2022.EMAIL ID OF EACH OF THE PARTIES BE
GIVEN, PETITONER/S AND RESPONDENTS AND ALSO OF THE
COUNSEL IN THE MEMO OF PARTIES. CONDOANTION OF
DELAY IN FILING BE GIVEN, OBJECITONS RAISES STILL
Signed By:NEHA CHOPRA Signed
Signing Date:16.05.2025 By:PURUSHAINDRA
15:41:37
KUMAR KAURAV
PERSIST.
19-11-2024
20-11-2024 1. DESCRIPTION OF ANY OTHER DEFECTS:TOTAL 575 PAGES
FILED,CONDOANTION OF DELAY IN FILING BE
GIVEN,BLANKS BE FILLED IN STATEMENT OF TRUTH SEE
PARA 8, 1. PLEASE GIVEN COMPETE DETAILS OF THE
COUNSEL AS PER CHAPTER 3 FORM OF PLEADING RULE 2 , OF
THE DELHI HIGH COURT RULES 2018 AMENDED UPTO-
DATE.(ENROLLEMENT NUMBER BE MENTIONED), FRESH
PROOF OF SERVICE BE ATTACHED,OBJECITONS RAISES STILL
PERSIST
21-11-2024 1. DESCRIPTION OF ANY OTHER DEFECTS:TOTAL 575 PAGES
FILED, UNDER TAKING W.R.T. OCR BE GIVEN,PLEASE GIVEN
COMPETE DETAILS OF THE COUNSEL AS PER CHAPTER 3
FORM OF PLEADING RULE 2 , OF THE DELHI HIGH COURT
RULES 2018 AMENDED UP-TO-DATE.(ENROLLEMENT NUMBER
BE MENTIONED), (PLEASE SEE TO REGISTRY UNDER
OBJECTIONS
2. DESCRIPTION OF ANY OTHER DEFECTS:TOTAL 575 PAGES
FILED,PLEASE GIVEN COMPETE DETAILS OF THE COUNSEL AS
PER CHAPTER 3 FORM OF PLEADING RULE 2 , OF THE DELHI
HIGH COURT RULES 2018 AMENDED UPTO-
DATE.(ENROLLEMENT NUMBER BE MENTIONED), (PLEASE
SEE TO REGISTRY UNDER OBJECTIONS
04-12-2024 1. DESCRIPTION OF ANY OTHER DEFECTS:TOTAL 575 PAGES
FILED, (PLEASE SEE TO REGISTRY UNDER OBJECTIONS)
05-12-2024 1. DESCRIPTION OF ANY OTHER DEFECTS:TOTAL 575 PAGES
FILED, PARTY NAME BE CORRECTLY TYPED AT THE TIME OF
FILING AND IN THE PETITION AS PER THE MEMO OF
PARTIES,UNDER OBJECTIONS PLEASE SEE TO REGISTRY
05-12-2024
10. Furthermore, upon the perusal of 10 pages which were initially filed, it is
seen that the first four pages are indexes, the fifth page is an urgent application
proforma, the sixth page is the notice of motion, seventh page is the memo of
parties and the ninth page is interlocutory applications index. Neither the
impugned arbitral award was annexed as part of the application nor the
procedural compliances were made.
11. To put it precisely, the entire exercise of the first filing appears to have
Signed By:NEHA CHOPRA Signed
Signing Date:16.05.2025 By:PURUSHAINDRA
15:41:37
KUMAR KAURAV
been done in a perfunctory manner, with an intent to stop the clock of limitation.
12. For the sake of clarity, all the said ten pages are attached as Annexure A
to this judgment, which shall be treated to be an integral part of the decision.
13. Needless to state that issue regarding the factors to be considered for non-
est filing is no longer res integra. The Full Bench of this Court in the case of
Pragati Construction Consultants vs. Union of India & Anr.1, after extensive
analysis of the statutory framework and precedents, categorically observed that
the filing of the impugned arbitral award along with an application under
Section 34 of the Act of 1996 is not merely a procedural formality but
constitutes an essential and mandatory prerequisite. In the said decision, it was
noted that the absence of the arbitral award renders such an application legally
non-existent, thereby incapable of initiation of valid judicial proceedings.
Referring to a catena of decisions, the principle that the non-filing of the award
with the Section 34 petition is fatal and not curable by subsequent rectification,
was reiterated and affirmed by the Court. The relevant portion of the said
decision reads as under:-
"59. In our opinion, none of the above conditions can be satisfied unless the
Arbitral Award under challenge is placed before the court. Therefore, filing
of the Arbitral Award under challenge along with the application under
Section 34 of the A&C Act is not a mere procedural formality, but an
essential requirement. Non-filing of the same would, therefore, make the
application "non est" in the eyes of the law.
60. In fact, we find that this Court has almost consistently held that non-
filing of the Arbitral Award would make the petition "non est". Reference in
this regard may be made to : SKS Power Generation (Chhattisgarh) Ltd.
case25, SPML Infra Ltd. v. Graphite India Ltd.35, Air India Ltd. case,
Reacon Engineers (India) (P) Ltd. case, Executive Engineer National
Highway Division v. S&P Infrastructure Developers (P) Ltd., ITDC v. Bajaj
Electricals Ltd., NHAI v. KNR Constructions Ltd., Brahamputra Cracker
FAO(OS) (COMM) 70/2024
Signed By:NEHA CHOPRA Signed
Signing Date:16.05.2025 By:PURUSHAINDRA
15:41:37
KUMAR KAURAV
and Polymer Ltd. case26, Union of India v. Panacea Biotec Ltd., DDA v.
Gammon Engineers & Contractors (P) Ltd., Container Corpn. of India Ltd.
v. Shivhare Road Lines, and Good Health Agro Tech (P) Ltd. v. Haldiram
Snacks (P) Ltd."
14. While balancing procedural compliance with the substantive rights of the
parties, and bearing in mind that the Act of 1996 provides no appellate remedy
other than a challenge under Section 34, the Court is of the considered view that
the right to assail an award under Section 34 ought not to be defeated on mere
technicalities. A liberal and purposive approach is therefore warranted in
assessing whether a particular filing is to be treated as non est. The Court is
conscious that curable procedural irregularities, such as the absence of
signatures on each page, deficiencies in the affidavit or verification, or other
minor lapses, by themselves, would not vitiate the filing.
15. However, where such defects, viewed cumulatively, reveal that the filing
was made merely to arrest the limitation clock, without any bona fide intent to
pursue the challenge with diligence, and with the underlying object of
circumventing the statutory timelines, the Court is well within its jurisdiction to
treat such a filing as non est, based on a fact-specific inquiry.
16. In the instant case, the ten pages which appear to have been placed on
record by the petitioner on 29.05.2024, by no steps of imagination can be
considered to be a mere irregular filing. Firstly, this filing itself does not contain
a copy of arbitral award. It does not even mention the prayer. The ten pages do
not appear to have been sent or supported by the formal affidavit of any of the
parties. They are only proforma/template documents. Such incomplete filing in
no circumstance can be considered be as valid pleadings. In absence of the
aforesaid mandatory requirement, the filing will have to be treated as non est in
the eyes of law.
Signed By:NEHA CHOPRA Signed
Signing Date:16.05.2025 By:PURUSHAINDRA
15:41:37
KUMAR KAURAV
17. Taking into consideration almost similar circumstances, the Court vide
judgment in Union of India vs M/S Gr-Gawa R(J.V.)2 has also taken the
following position:-
"14. The applicant made the first attempt of rectification only on
17.01.2025, and eventually rectified all defects by 20.01.2025. It is apparent
that prior to 17.01.2025, the application was devoid of the mandatory
document, namely, the copy of the impugned arbitral award, along with
various other defects such as non-filing of the memo of parties, leaving of
blanks in the affidavit, the pages of the application being unsigned contrary
to the mandate of Commercial Courts Act, the various important documents
not being annexed to the application, constituting serious defects.
15. Upon perusal of the final filing dated 20.01.2025, it is seen that the
application in its entirety spans over 6,677 pages. Juxtaposed against the
initial filing, which contained merely 146 pages. It is manifestly evident that
the original filing was little more than a perfunctory exercise, undertaken
solely to arrest the progression of the statutory limitation period. The
substantial disparity between the initial and subsequent filings
unequivocally points towards an attempt by the applicant to circumvent the
rigours of limitation by filing a skeletal document, bereft of essential
pleadings and requisite annexures. Such an exercise, being an evident
eyewash, cannot be countenanced in law as a bona fide filing aimed at
instituting proceedings under Section 34 of Act of 1996."
18. In view of the aforesaid, since the Award admittedly came to the
knowledge of the petitioner on 03.02.2024, the period of limitation under
Section 34(3) of the Act of 1996 for challenging the award expired on
03.05.2024. Even assuming the petitioner was to seek condonation of delay by
invoking the proviso to Section 34(3), the extended period of 30 days would
have expired on 02.06.2024. As the present petition has been validly filed only
on 05.12.2024, well beyond both the statutory period of limitation and the outer
limit for condonation, therefore, the same is clearly barred by limitation and is
liable to be rejected on that ground alone.
19. Furthermore, in the aforenoted M/S Gr-Gawa R(J.V.), reference was also
2025:DHC:3374
Signed By:NEHA CHOPRA Signed
Signing Date:16.05.2025 By:PURUSHAINDRA
15:41:37
KUMAR KAURAV
made to the Delhi High Court Rules and the Delhi High Court (Original Side)
Rules 2018, wherein certain timelines and procedure for listing of defectively
filed documents is noted.
20. With the aforesaid observations, the instant petition stands dismissed
along with all pending applications.
PURUSHAINDRA KUMAR KAURAV, J
APRIL 28, 2025
Nc/sp
Click here to check corrigendum, if any
Signed By:NEHA CHOPRA Signed
Signing Date:16.05.2025 By:PURUSHAINDRA
15:41:37
KUMAR KAURAV
ANNEXURE-A
INTHEHIGHCOURTOFDELHIATNEWDELHI
(ORINARYORIGINALCIVILJURISDICTION) OMP
(COMM.) NO. OF 2024
INTHEMATTER OF:
PUBLIC WORKS DEPARTMENT .......PETITIONER
VERSUS
MIA CONSTRUCTION PVT LTD. ... RESPONDENT
INDEX 1
S.NO PARTICULARS COURT FEES PAGES
1. URGENT APPLICATION
2. NOTICE OF MOTION WITH PROOF OF
SERVICE
3. COURTFEES
4. CERTIFICATE
5. COURT FEE FOR PROCESS FEE
6. LIST OF DATES AND EVENTS
7. MEMO OF PARTIES
8. OMP(COMM.) FORMAT
9. PETITION UNDER SECTION 34 OF
THE ARBITRATION AND
CONCILIATION ACT FOR SETTING
ASIDE /QUASHING THE AWARD
DATED 01/02/2024.
Page 1
Signed By:NEHA CHOPRA Signed
Signing Date:16.05.2025 By:PURUSHAINDRA
15:41:37
KUMAR KAURAV
10. STATEMENT OF TRUTH ONBEHALF
OF THE PETITIONER
11. SECTION65-B CERTIFICATE UNDER
THE INDIAN EVIDENCE ACT, 1872.
NEWDELHI
DATE: 28/05/2024 Petitioner
Through
SUNIL KUMAR
(ADVOCATE)
IN THE HIGH COURT OF DELHI AT NEW DELHI
(ORINARY ORIGINALCIVIL JURISDICTION)
OMP (COMM.) NO. OF2024
IN THE MATTER OF:
Signature Not 2
Verified
Signed By:NEHA CHOPRA Signed
Signing Date:16.05.2025 By:PURUSHAINDRA
15:41:37
KUMAR KAURAV
PUBLIC WORKS DEPARTMENT .......PETITIONER
VERSUS
MIA CONSTRUCTION PVT LTD. ... RESPONDENT
INDEXII
S.NO PARTICULARS COURT PAGES
FEES
1. APPLICATION UNDER SECTION 36(2) &
(3) OF THE ARBITRATION &
CONCILIATION ACT, READ WITH
SECTION 151 CPC SEEKING AD-
INTERIM EX PARTE STAY
ALONGWITH AFFIDAVIT IN SUPPORT
2. APPLICATION UNDER SECTION 151
SEEKING EXEMPTION FROM FILING
ORIGINAL DOCUMENTS AND LEGIBLE
COPIES OF SOME DOCUMENTS
ALONGWITH AFFIDAVIT IN SUPPORT
NEWDELHI
DATE: 28/05/2024 Petitioner
Through
SUNILKUMAR
(ADVOCATE)
CH.807, LAWYERS CHAMBER,
DWARKA COURTS, NEW DELHI
PH. NO. 9810699132
Email:[email protected]
Page 3
Signed
Signing Date:16.05.2025 By:PURUSHAINDRA
15:41:37
KUMAR KAURAV
INTHEHIGHCOURTOFDELHIATNEWDELHI
(ORINARYORIGINALCIVILJURISDICTION) OMP
(COMM.) NO. OF 2024
INTHEMATTER OF:
PUBLIC WORKS DEPARTMENT ....PETITIONER
VERSUS
MIA CONSTRUCTION PVT LTD. ....RESPONDENT
INDEXIII
S.NO PARTICULARS COURT PAGES
FEES
1. VAKALATNAMA
2. AUTHORITY TO FILE
NEWDELHI
DATE: 28/05/2024 Petitioner
Through
SUNIL KUMAR (ADVOCATE)
CH.807, LAWYERS CHAMBER,
DWARKA COURTS, NEW DELHI
PH. NO. 9810699132
Email:[email protected]
IN THE HIGH COURT OF DELHI AT NEW DELHI
(ORINARY ORIGINALCIVIL JURISDICTION)
Signed By:NEHA CHOPRA Signed
Page 4
Signing Date:16.05.2025 By:PURUSHAINDRA
15:41:37
KUMAR KAURAV
OMP (COMM.) NO. OF2024
IN THE MATTER OF:
PUBLIC WORKS DEPARTMENT ....PETITIONER
VERSUS
MIA CONSTRUCTION PVT LTD. ....RESPONDENT
URGENT APPLICATION
To,
The Registrar
High Court of Delhi New
Delhi
Sir,
Kindly treat the accompanied petition and application as urgent in accordance with High
Court Rules and Orders.
Grounds of urgency are as prayed for.
Stay of the enforcement of the impugned award dated 01/02/2024 is prayed for.
NEW DELHI Petitioner
DATE: 28/05/2024 Through
SUNIL KUMAR (ADVOCATE)
CH.807, LAWYERS CHAMBER,
DWARKA COURTS, NEW DELHI
IN THE HIGH COURT OF DELHI AT NEW DELHI
Page 5
Signed By:NEHA CHOPRA Signed
Signing Date:16.05.2025 By:PURUSHAINDRA
15:41:37
KUMAR KAURAV
(ORINARY ORIGINAL CIVIL JURISDICTION) OMP
(COMM.) NO. OF 2024
IN THE MATTER OF:
PUBLIC WORKS DEPARTMENT ....PETITIONER
VERSUS
MIA CONSTRUCTION PVT LTD. ....RESPONDENT
NOTICEOFMOTION
Sir
The enclosed petition is being filed on behalf of the Petitioner and may be listed
on MAY 2024 or any day thereafter. Please take notice accordingly.
NEWDELHI Petitioner
DATE:28/052024
Through
SUNILKUMAR (ADVOCATE)
CH.807, LAWYERS CHAMBER,
DWARKACOURTS,NEW DELHI
PH. NO. 9810699132
Email:[email protected]
IN THE HIGH COURT OF DELHI AT NEW DELHI
(ORINARY ORIGINAL CIVIL JURISDICTION)
OMP (COMM.) NO. OF 2024
Page 6
Signed By:NEHA CHOPRA Signed
Signing Date:16.05.2025 By:PURUSHAINDRA
15:41:37
KUMAR KAURAV
IN THE MATTER OF:
PUBLIC WORKS DEPARTMENT ....PETITIONER
VERSUS
MIA CONSTRUCTION PVT LTD. ....RESPONDENT
MEMO OF PARTIES
PUBLIC WORKS DEPARTMENT (GNCTD)
Through
Executive Engineer,
Education Maintenance Division (S&SE) Under
Okhla Flyover, Mathura Road , New Delhi-
110065
Ph.No.011-26928300,21810023
Email: [email protected] .....PETITIONER
VERSUS
MIA Construction Private Limited
Office- A-31 Gaurav Apartment,
Patparganj, New Delhi-110092 ......RESPONDENT
Page 7
Signed By:NEHA CHOPRA Signed
Signing Date:16.05.2025 By:PURUSHAINDRA
15:41:37
KUMAR KAURAV
NEW DELHI Filed by
Dated: 28/05/2024
SUNIL KUMAR
(PANELADVOCATE)
CH.807, LAWYERS CHAMBER,
DWARKA COURTS, NEW DELHI
PH. NO. 9810699132
Email: [email protected]
Page 8
Signed By:NEHA CHOPRA Signed
Signing Date:16.05.2025 By:PURUSHAINDRA
15:41:37
KUMAR KAURAV
INTHEHIGHCOURTOFDELHIATNEWDELHI
(ORINARY ORIGINAL CIVIL JURISDICTION)
OMP (COMM.) NO. OF 2023
INTHEMATTER OF:
PUBLIC WORKS DEPARTMENT ....PETITIONER
VERSUS
MIA CONSTRUCTION PVT LTD. ....RESPONDENT
NATURE OF MATTER: ARBITRATION
SECTION INVOKED: Section 34 of Arbitration & Conciliation Act, 1996.
INTERLOCUTORY APPLICATIONS (IA)
S. YEAR FILED BY PROVISIONS OF NATUREOFRELIEF
No. LAW
1 2024 PETITIONER Section36(2)& EX PARTE AD
36(3) Arb. & INTERIM INJUNCTION
Conc. Act, 1996.
2 2024 PETITIONER Section 65 of the FILING ELECTRONIC
Evidence Act. EVIDENCE
3 2024 PETITIONER Section151 CPC EXEMPTION FROM
FILING
ORIGINAL/LEGIBLE
DOCUMENTS
Page 9
Signed By:NEHA CHOPRA Signed
Signing Date:16.05.2025 By:PURUSHAINDRA
15:41:37
KUMAR KAURAV
NEW DELHI PETITIONER
Dated: 28/05/2024 FILED THROUGH:
SUNIL
KUMAR
(PANELADVOCATE)
CH. 807, LAWYERS CHAMBER,
DWARKA COURTS, NEWDELHI
PH. NO:- 9810699132
Email: [email protected]
Page 10
Signed By:NEHA CHOPRA Signed
Signing Date:16.05.2025 By:PURUSHAINDRA
15:41:37 21 KUMAR KAURAV
