Delhi High Court - Orders
Dedicated Freight Corridor ... vs Tata Aldesa Jv on 13 May, 2025
Author: Jyoti Singh
Bench: Jyoti Singh
$~60 to 62
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ O.M.P. (COMM) 180/2025
DEDICATED FREIGHT CORRIDOR CORPORATION OF INDIA
LTD .....Petitioner
Through: Mr. P. Chidambaram, Senior
Advocate with Mr. Udit Seth, Mr. Anil Seth and
Mr. Roshan Roy, Advocates.
versus
TATA ALDESA JV .....Respondent
Through: Mr. Gaurav Pachnanda, Senior
Advocate with Ms. Amita Katragadda, Mr. Gauhar
Mirza, Ms. Nayani Aggarwal, Ms. Sukanya Singh,
Mr. Waleed Latoo, Ms. Neharika and Ms. Shreya,
Advocates.
61
+ O.M.P. (COMM) 182/2025
DEDICATED FREIGHT CORRIDOR CORPORATION OF INDIA
LTD .....Petitioner
Through: Mr. P. Chidambaram, Senior
Advocate with Mr. Udit Seth, Mr. Anil Seth and
Mr. Roshan Roy, Advocates.
versus
TATA ALDESA JV .....Respondent
Through: Mr. Gaurav Pachnanda, Senior
Advocate with Ms. Amita Katragadda, Mr. Gauhar
Mirza, Ms. Nayani Aggarwal, Ms. Sukanya Singh,
Mr. Waleed Latoo, Ms. Neharika and Ms. Shreya,
Advocates.
O.M.P. (COMM) 180/2025 and connected matters Page 1 of 4
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 30/06/2025 at 00:36:37
62
+ O.M.P. (COMM) 183/2025
DEDICATED FREIGHT CORRIDOR CORPORATION OF INDIA
LTD .....Petitioner
Through: Mr. P. Chidambaram, Senior
Advocate with Mr. Udit Seth, Mr. Anil Seth and
Mr. Roshan Roy, Advocates.
versus
TATA ALDESA JV .....Respondent
Through: Mr. Gaurav Pachnanda, Senior
Advocate with Ms. Amita Katragadda, Mr. Gauhar
Mirza, Ms. Nayani Aggarwal, Ms. Sukanya Singh,
Mr. Waleed Latoo, Ms. Neharika and Ms. Shreya,
Advocates.
CORAM:
HON'BLE MS. JUSTICE JYOTI SINGH
ORDER
% 13.05.2025 I.A. 11955/2025, I.A. 11957/2025 and I.A. 11960/2025 (Exemption) in O.M.P. (COMM) 180/2025 I.A. 11983/2025, I.A. 11985/2025 and I.A. 11988/2025 (Exemption) in O.M.P. (COMM) 182/2025 I.A. 12014/2025, I.A. 12011/2025 and I.A. 12009/2025 (Exemption) in O.M.P. (COMM) 183/2025
1. Allowed, subject to all just exceptions.
2. Applications stand disposed of.
I.A. 11958/2025 (for condonation of delay in filing) and I.A. 11959/2025 (for condonation of delay 23 days in refiling) in O.M.P. (COMM) 180/2025 I.A. 11986/2025 (for condonation of delay in filing) and I.A. 11987/2025 (for condonation of delay 29 days in refiling) in O.M.P. (COMM) 182/2025 O.M.P. (COMM) 180/2025 and connected matters Page 2 of 4 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 30/06/2025 at 00:36:37 I.A. 12012/2025 (for condonation of delay in filing) and I.A. 12013/2025 (for condonation of delay 29 days in refiling) in O.M.P. (COMM) 183/2025
3. Mr. P. Chidambaram, learned Senior Counsel for the Petitioner, at the outset, on instructions, submits that Petitioner is not challenging the interim award dated 01.11.2023, albeit the interim award has to be read with the final award dated 10.12.2024 and Petitioner be permitted to do so at the time of hearing.
4. The stand of the Petitioner is taken on record.
5. Insofar as challenge to the final award dated 10.12.2024 is concerned, learned Senior Counsel for the Respondent takes an objection that the petition has been filed beyond the period of limitation prescribed under Section 34(3) of the Arbitration and Conciliation Act, 1996.
6. This position is refuted by learned Senior Counsel for the Petitioner who submits that the petition was filed on 10.03.2025, i.e. 89th day and is within limitation. He also submits that the objections by the Registry pertained to some minor procedural issues and therefore, the delay of 35 days in refiling be condoned. It is urged that Courts have repeatedly held that a liberal approach must be adopted while considering condonation applications for delay in refiling, especially when the delay is not inordinate and is adequately explained.
7. Issue notice.
8. Ms. Amita Katragadda, learned counsel accepts notice on behalf of the Respondent.
9. Reply be filed within four weeks from today.
O.M.P. (COMM) 180/2025 and connected matters Page 3 of 4This 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 30/06/2025 at 00:36:37
10. Let the digital log report be sent by the Registry in a sealed cover to the Court on the next date.
11. List on 16.07.2025.
O.M.P. (COMM) 180/2025 and I.A. 11956/2025 O.M.P. (COMM) 182/2025 and I.A. 11984/2025 O.M.P. (COMM) 183/2025 and I.A. 12010/2025
12. List on 16.07.2025.
JYOTI SINGH, J MAY 13, 2025/RW/shivam O.M.P. (COMM) 180/2025 and connected matters Page 4 of 4 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 30/06/2025 at 00:36:37