Delhi High Court – Orders
The Chief Engineer National Highway … vs Dra – S And P (Joint Venture) on 18 December, 2024
Author: Vibhu Bakhru
Bench: Tushar Rao Gedela, Vibhu Bakhru
$~125
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ FAO(OS) (COMM) 291/2024
THE CHIEF ENGINEER NATIONAL HIGHWAY PUBLIC
WORKS DEPARTMENT, GOVERNMENT OF UTTAR PRADESH
.....Appellant
Through: Mr. P. Singh, Mr. Prem Parkash, Mr.
Sameer and Mr. Abhay Singla,
Advocates
versus
DRA - S AND P (JOINT VENTURE) .....Respondent
Through:
CORAM:
HON'BLE THE ACTING CHIEF JUSTICE
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
ORDER
% 18.12.2024
1. The appellant has filed the present appeal under Section 37(1)(c) of
the Arbitration and Conciliation Act, 1996 (hereafter A&C Act) impugning
an order dated 18.09.2024 passed by the learned Single Judge in O.M.P.
(COMM) 374/2024. The appellant had filed the above mentioned
application (O.M.P. (COMM) 374/2024), seeking setting aside of the
arbitral award dated 29.02.2024. According to the appellant, he received a
signed hard copy of the said award on 15.03.2024. The appellant filed the
above mentioned application for setting aside of the said award on
07.08.2024. The learned Single Judge had dismissed the said application on
the ground that the appellant’s application was beyond the time as stipulated
under Section 34 (3) of the A&C Act.
2. Concededly, the application under Section 34(3) of the A&C Act is
required to be filed within the period of three months from the receipt of the
This is a digitally signed order.
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The Order is downloaded from the DHC Server on 23/12/2024 at 21:51:44
arbitral award. In this case, the said period of three months expired on
15.06.2024. In terms of proviso to Section 34(3) of the A&C Act, the Court
can condone the delay of 30 days, provided the Court is satisfied that the
applicant was prevented by a sufficient cause from filing the application
within the stipulated period. However, the Court does not have the
jurisdiction to condone the delay beyond the period of 30 days. This issue
stands settled by the decision of the Supreme Court in Union of India vs.
Popular Construction Co., (2001) 8 SCC 470.
3. In the present case, the application filed by the appellant is beyond the
period of 30 days that could be condoned by the Court.
4. We find no infirmity with the decision of the learned Single Judge in
rejecting the petitioner’s application under Section 34 of the A&C Act to set
aside the arbitral award, on the ground that it was filed belatedly.
5. The appeal is, accordingly, dismissed.
VIBHU BAKHRU, ACJ
TUSHAR RAO GEDELA, J
DECEMBER 18, 2024
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This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 23/12/2024 at 21:51:44