Delhi High Court - Orders
M S Haldiram Bhujia Wala vs M S Bhawani Distributors on 16 January, 2026
$~37
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ FAO (COMM) 7/2026 & CM APPL. 3169/2026
M S HALDIRAM BHUJIA WALA .....Appellant
Through: Mr. Vishwendra Verma, Adv.
versus
M S BHAWANI DISTRIBUTORS .....Respondent
Through: Nemo
CORAM:
HON'BLE MR. JUSTICE NITIN WASUDEO SAMBRE
HON'BLE MR. JUSTICE AJAY DIGPAUL
ORDER
% 16.01.2026 CM APPL. 3170/2026
1. Exemption allowed, subject to all just exceptions.
2. The application shall stand disposed of.
FAO (COMM) 7/2026
3. We have heard learned counsel for the appellant at length.
4. This appeal has been preferred under Section 37 of the Arbitration and Conciliation Act, 1996 questioning the arbitral award dated 10th May, 2024 as well as the judgment dated 12th December, 2025 delivered by the Commercial Court in exercise of power under Section 34 of the said Act.
5. Twofold contentions have been canvassed on behalf of the appellant:
(a) That the claim of the respondent was barred by limitation, in as much as the first very transaction relied upon by the respondent pertains to the period from 28th February, 2011 to 31st December, 2012. From the record, it is sought to be established that once the damaged goods were returned by the respondent, 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 20/01/2026 at 20:33:21 as admitted in their pleadings, the contract stood concluded and no continuation thereof could be inferred so as to appreciate the claim of the respondent of having a running account.
(b) The next contention is that the respondent claims to be a partnership firm, which is neither registered nor has any authorization in favour of a partner to initiate the proceedings. On this ground, it is argued that the arbitration proceedings themselves are not maintainable.
6. Learned counsel for the appellant has drawn support from Section 69 of the Partnership Act to substantiate the aforesaid contention.
7. We have looked into all the submissions sought to be canvassed by the appellant in the light of the observations made by the learned Arbitrator as well as by the Commercial Court while adjudicating the petition under Section 34 of the Act.
8. We were about to conclude the hearing in the matter, however, the counsel for the appellant submits that he would like to place on record certain judgments along with written submissions.
9. That being so, by way of last chance, we grant one week's time for the same.
10. List on 23rd January, 2026.
NITIN WASUDEO SAMBRE, J AJAY DIGPAUL, J JANUARY 16, 2026/gs/dd 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 20/01/2026 at 20:33:21