Allowed¶22

M/S. Engineering Project (India) Ltd. v. M/S. Krishna Construction Co.

Delhi HC22 Sept 2025CS(OS)/636/2024

Case brief

AI extract

What is this about?

CS(OS) 636/2024, Delhi High Court, Jasmeet Singh J., order 22.09.2025. Keywords: Arbitration Act 1940 Section 17 pronouncement of judgment; Award dated 30.11.2016 made decree of Court; suit allowed; Engineering Project (India) Ltd. plaintiff, Krishna Construction Co. defendant served at [email protected], no objections under Sections 30 and 33; Contract Agreement 09.01.1985 food grain godowns Miryalguda Andhra Pradesh; prior CS (OS) 39/2017 disposed 15.03.2017; execution petition EX (COMM) No. 29/2023 District Judge Commercial Courts Saket order 19.04.2024.

What did the court decide?

Pronouncement of judgment upon the Arbitral Award dated 30.11.2016 and making the Award a decree of the Court; suit disposed of accordingly. ¶22

M/S. Engineering Project (India) Ltd. Vs M/S. Krishna Construction… — Arbitration | Delhi HC (2025)

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$~14

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CS(OS) 636/2024

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M/S. ENGINEERING PROJECT (INDIA) LTD.

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.....Plaintiff

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Through: Mr. Manish Paliwal, Adv.

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versus

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M/S. KRISHNA CONSTRUCTION CO.

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.....Defendant

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Through:

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CORAM: HON'BLE MR. JUSTICE JASMEET SINGH

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O R D E R % 22.09.2025

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This is a suit for pronouncement of judgment upon Arbitral Award dated 30.11.2016 under Section 17 of the Arbitration Act, 1940 dated 30.11.2016 and to make it a decree of Court.

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The brief facts of the case are that disputes arose between the parties with respect to the Contract Agreement dated 09.01.1985 for the construction of food grain godowns at Miryalguda in Andhra Pradesh.

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The Sole Arbitrator made and published the Award dated 30.11.2016.

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Thereafter, the defendant, i.e. M/s. Krishna Construction Co. , filed CS (OS) 39/2017 seeking a copy of the Award. The said suit was disposed of on 15.03.2017, recording that the arbitral record as well as the Award had been received and notice was required to be sent to M/s. Krishna Construction Co. regarding the same.

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This is a digitally signed order.

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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 04/10/2025 at 15:24:52

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Thereafter, the plaintiff filed an execution petition EX (COMM) No. 29/2023 which was disposed of by the District Judge, Commercial Courts of Saket vide order dated 19.04.2024 that held that since the Award was under the Arbitration Act, 1940, the plaintiff was required to file a suit under Section 17 of the Arbitration Act, 1940 for the pronouncement of judgement upon the Award to make it enforceable.

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Consequently, the present suit has been filed.

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As per the affidavit of service, the defendant has been served at the email ID [email protected]. Despite service, there is nobody appearing on behalf of the defendants, nor have any objections been filed under Sections 30 and 33 of the Arbitration Act, 1940.

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I see no impediment in pronouncing the judgment according to the Award. Accordingly, the suit is allowed and the Award is made a decree of the Court.

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The petition is disposed of accordingly.

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JASMEET SINGH, J

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SEPTEMBER 22, 2025/sp

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This is a digitally signed order.

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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 04/10/2025 at 15:24:52

M/S. Engineering Project (India) Ltd. v. M/S. Krishna Construction Co.

Case brief

What is this about?

What did the court decide?

M/S. Engineering Project (India) Ltd. v. M/S. Krishna Construction Co.

Case brief

What is this about?

What did the court decide?

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What the court decided

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