Delhi High Court - Orders
Oriental Insurance Co Ltd vs Zoom Communications Limited on 7 November, 2025
Author: Jasmeet Singh
Bench: Jasmeet Singh
$~42
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ O.M.P. (COMM) 433/2022
ORIENTAL INSURANCE CO LTD
.....Petitioner
Through: Mr. Amit Kumar Singh, Ms. K.
Enatoli Sema, Mr. Apratim Animesh
Thakur, Ms. Chubalemla Chang, Ms.
Prachi Hasija, Advs.
versus
ZOOM COMMUNICATIONS LIMITED
.....Respondent
Through: Mr. Ashish Dholakia, Sr. Adv. with
Mr. Subhoday Banerjee, Mr. Akash
Panwar, Mr. Gautam Bajaj, Ms.
Jasleen Kaur Anand, Advs.
CORAM:
HON'BLE MR. JUSTICE JASMEET SINGH
ORDER
% 07.11.2025 I.A. 18530/2022
1. This is an application filed under Section 5 of the Limitation Act, 1963 seeking condonation of delay of 18 days in filing the present petition.
2. The petition has been filed assailing the Arbitral Award dated 09.03.2022 and corrigendum dated 30.06.2022. The present petition has been filed on 16.09.2022.
3. Though the application stated that there is a delay of 18 days, to my mind, the period of limitation is to begin from the date of 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 21/11/2025 at 21:37:03 corrigendum, i.e. 30.06.2022 and hence, the petition is filed within time.
4. In view of the above, the present application is disposed of as infructuous.
I.A. 19674/20225. This is an application filed under Section 34(3) of the Arbitration and Conciliation Act, 1996 seeking declaration that the date of corrigendum i.e. 30.06.2022 is the date relevant for computation of the period of limitation.
6. For the reasons stated in the application, issue notice.
7. Mr. Banerjee, learned counsel accepts notice on behalf of the respondent.
8. I am of the view that the corrigendum, dated 30.06.2022 is the date relevant for computing the period of limitation.
9. The present application is allowed and disposed of.
I.A. 13769/202310. This is an application filed under Section 151 of CPC, 1908 seeking condonation of delay of 53 days in submitting the demand draft for depositing the amount as per the order dated 10.04.2023.
11. For the reasons stated in the application, issue notice.
12. Mr. Banerjee, learned counsel accepts notice on behalf of the respondent.
13. The amount has already been deposited on 02.08.2023.
14. In view of the above, the delay of 53 days in submitting the demand draft for depositing the amount as per the order dated 10.04.2023 is condoned.
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 21/11/2025 at 21:37:03
15. Mr. Dholakia, learned senior counsel for the respondent, states that there is a shortfall in the amount deposited.
16. Let the parties file their respective calculations and in case, there is any shortfall as per the Award, the same shall be made good by the petitioner.
O.M.P. (COMM) 433/2022
17. A perusal of the order sheet shows that even though the effect and operation of the Award has been stayed, no formal notice has been issued in the petition. The petitioner challenged the Award dated 09.03.2022 along with the corrigendum dated 30.06.2022. Hence, the petition is taken up for preliminary hearing.
18. Mr. Singh, learned counsel for the petitioner, submits that the Arbitral Tribunal has erroneously calculated the depreciation. While the Surveyor had assessed the depreciation at 37.16%, the Arbitral Tribunal has reduced the same to 25%, without giving any reasoning. He also states that the Arbitral Tribunal has wrongly awarded interest @ 12% in the corrigendum. Further, the amounts have been increased without there being material evidence to substantiate the increase for unidentified goods.
19. I am of the view that the matter needs consideration.
20. For the said reasons, issue notice.
21. Mr. Banerjee, learned counsel accepts notice on behalf of the respondent, seeks and is granted 6 weeks to file a reply.
22. In the meanwhile, since the amount is already deposited by the petitioner, the respondent is at liberty to withdraw the same subject to furnishing security to the satisfaction of the Registrar-General, Delhi 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 21/11/2025 at 21:37:03 High Court.
23. Mr. Dholakia, learned senior counsel on instructions states that the respondent shall file written submissions only.
24. Let the needful be done before the next date of hearing.
25. List on 13.02.2026.
JASMEET SINGH, J NOVEMBER 7, 2025/sp 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 21/11/2025 at 21:37:03