Delhi High Court - Orders
Rail Land Development Authority vs M/S Eldeco Infrastructure And ... on 23 July, 2025
$~66
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ FAO (COMM) 188/2025, CM APPL. 43955/2025-Stay
RAIL LAND DEVELOPMENT AUTHORITY .....Appellant
Through: Mr. Bharat Malhotra and Mr.
Taksh Suri, Advocates.
versus
M/S ELDECO INFRASTRUCTURE AND PROPERTIES
LIMITED & ORS. ....Respondents
Through: Nemo
CORAM:
HON'BLE MR. JUSTICE ANIL KSHETARPAL
HON'BLE MR. JUSTICE HARISH VAIDYANATHAN
SHANKAR
ORDER
% 23.07.2025 CM APPL. 43954/2025 (for condonation of delay of 20 days in filing appeal)
1. By way of the present application filed under Section 5 of the Limitation Act, 1963, the Applicant/Appellant seeks condonation of delay of 20 days in filing the present appeal.
2. For the sufficient reasons stated in the application, the delay is condoned.
3. Accordingly, the present application stands disposed of. CM APPL. 43956/2025 (for exemption)
4. Allowed, subject to all just exceptions.
5. Application stands disposed of.
FAO (COMM) 188/2025 & CM APPL. 43955/2025 (for stay)
6. The present Appeal, under Section 37 (1)(c) of the Arbitration and Conciliation Act, 1996, read with Section 13 of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts (Amendment Act), 2018, has been filed by the Appellant 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 28/07/2025 at 21:53:45 for the following reliefs:
"A. Allow the Instant Petition and Set aside the Impugned A ward dated 08.09.2022 passed by Ld. Arbitrator in Arbitration between Petitioner and Respondent; Consequently, quash the direction in the Impugned Award directing Petitioner to refund 1 Crore to the Respondent.
B. Set aside the Impugned Order dated 03.04.2025 passed in OMP Commercial No.179 of 2022 in Rail Land Development Authority versus M/s Eledco Infrastructure & Properties Ltd. and Anr.
C. Pass such other and further orders as this Hon'ble Court may be deem just and fit in the facts and circumstances of the present matter."
7. Learned counsel for the Appellant states that at the time of filing the Appeal, an incomplete copy of the Award passed by the learned Arbitrator was filed by the Appellant. During the course of the hearing, he has handed over across the Bar the complete copy of the said Award, which is taken on record.
8. Learned counsel for the Appellant, inter alia, contends that the Contract itself provides for forfeiture of the bid amount; however, the learned Arbitrator, by wrongly interpreting the provisions of law, has held that the Appellant was required to prove damages before forfeiting the bid amount.
9. Learned counsel for the Appellant submits that Respondent No.1 is the only contesting Respondent.
10. Issue notice.
11. Let notice be served upon the Respondent No.1 by all permissible modes, including dasti, returnable on 01.08.2025.
ANIL KSHETARPAL, J HARISH VAIDYANATHAN SHANKAR, J JULY 23, 2025/rk/tk/va 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 28/07/2025 at 21:53:45