Delhi High Court - Orders
Joint Venture Of Tata Projects Limited ... vs Dedicated Freight Corridor ... on 20 August, 2025
Author: Jyoti Singh
Bench: Jyoti Singh
$~75 to 77
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ O.M.P. (COMM) 201/2025
JOINT VENTURE OF TATA PROJECTS LIMITED AND ALDESA
CONSTRUCCIONES S A .....Petitioner
Through: Mr. Gaurav Pachnanda, Senior
Advocate with Ms. Amita Katragadda, Ms. Gauhar
Mirza, Ms. Nayani Agarwal, Mr. Waleed and Ms.
Threcy Lawrence, Advocates.
versus
DEDICATED FREIGHT CORRIDOR CORPORATION OF INDIA
LIMITED .....Respondent
Through: Mr. Shambhu Sharan, Ms. Samiksha
Goel and Mr. Kashish Bansal, Advocates.
76
+ O.M.P. (COMM) 207/2025
JOINT VENTURE OF TATA PROJECTS LIMITED AND ALDESA
CONSTRUCCIONES S A .....Petitioner
Through: Mr. Gaurav Pachnanda, Senior
Advocate with Ms. Amita Katragadda, Ms. Gauhar
Mirza, Ms. Nayani Agarwal, Mr. Waleed and Ms.
Threcy Lawrence, Advocates.
versus
DEDICATED FREIGHT CORRIDOR CORPORATION OF INDIA
LIMITED .....Respondent
Through: Mr. Shambhu Sharan, Ms. Samiksha
Goel and Mr. Kashish Bansal, Advocates.
77
+ O.M.P. (COMM) 208/2025
JOINT VENTURE OF TATA PROJECTS LIMITED AND ALDESA
CONSTRUCCIONES S A .....Petitioner
Through: Mr. Gaurav Pachnanda, Senior
Advocate with Ms. Amita Katragadda, Ms. Gauhar
O.M.P. (COMM) 201/2025 & connected matters Page 1 of 3
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 27/08/2025 at 21:27:09
Mirza, Ms. Nayani Agarwal, Mr. Waleed and Ms.
Threcy Lawrence, Advocates.
versus
DEDICATED FREIGHT CORRIDOR CORPORATION OF INDIA
LIMITED .....Respondent
Through: Mr. Shambhu Sharan, Ms. Samiksha
Goel and Mr. Kashish Bansal, Advocates.
CORAM:
HON'BLE MS. JUSTICE JYOTI SINGH
ORDER
% 20.08.2025 I.A. 13205/2025 in OMP (COMM) 201/2025 I.A. 13251/2025 in OMP (COMM) 207/2025 I.A. 13253/2025 in OMP (COMM) 208/2025
1. These applications are filed on behalf of the Petitioner seeking condonation of delay of 29 days in filing the accompanying petitions under Section 34 of the Arbitration and Conciliation Act, 1996 ('1996 Act').
2. It is averred in the applications that after the majority award was passed on 21.10.2024, Petitioner filed an application under Section 33 of the 1996 Act on 20.11.2024 for: (a) correction of typographical/computation errors in the majority award; and (b) additional award under Section 33(4) of the 1996 Act seeking GST on interest. The learned Arbitral Tribunal passed an order on 09.01.2025 correcting certain typographical errors but rejecting the prayer for computational errors and additional award. Therefore, three months period commencing from 09.01.2025 expired on 09.04.2025. When the award was passed, this Court did not have the power to modify computational errors etc. and it was only after the Supreme Court delivered the judgment in Gayatri Balasamy v. ISG Novasoft Technologies Limited., O.M.P. (COMM) 201/2025 & connected matters Page 2 of 3 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 27/08/2025 at 21:27:09 (2025) 7 SCC 1, on 30.04.2025 that Petitioner took immediate steps to file this petition. The delay is even otherwise within the condonable period of 30 days under proviso to Section 34(3) of the 1996 Act and be condoned in the interest of justice as the delay is bona fide and unintentional.
3. Learned counsel for the Respondent strenuously disputes that the case of the Petitioner is covered by the judgment of the Supreme Court in Gayatri Balasamy (supra) albeit there is no serious contest to condonation of delay.
4. Having heard learned Senior Counsel for the Petitioner and counsel for the Respondent and after perusing the applications, I am of the view that Petitioner has made out a case for condonation of delay in filing the petitions. Admittedly, the delay is within the condonable period of 30 days prescribed in proviso to Section 34(3) of the 1996 Act.
5. Accordingly, these applications are allowed and disposed of condoning the delay of 29 days in filing the petitions. OMP (COMM) 201/2025 OMP (COMM) 207/2025 OMP (COMM) 208/2025
6. Replies be filed by the Respondent within six weeks from today.
7. Rejoinders, if any, be filed before the next date of hearing.
8. List for hearing on 18.12.2025.
9. Arbitral records be requisitioned before the next date of hearing.
JYOTI SINGH, J AUGUST 20, 2025/Shivam O.M.P. (COMM) 201/2025 & connected matters Page 3 of 3 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 27/08/2025 at 21:27:09