Synopsis

The appellant (unsuccessful party in arbitration) filed a Section 34 petition challenging an arbitral award dated 07.10.2023. The petition was filed on 01.04.2024, i.e., more than three months from the date of the award. The appellant claimed that it received the signed copy of the award only on 02.01.2024 due to email server issues and changed address. The Single Judge dismissed the petition as barred by limitation, holding that the award was duly emailed on 07.10.2023 and that the appellant’s own emails from the same address in December 2023 disproved the server malfunction claim. The Division Bench affirmed, noting that the appellant had not shown any evidence of non-functioning server, that the physical copy was delivered at the registered address on 19.10.2023, and that the appellant had knowledge of the pronouncement of award but did not act promptly. The appeal was dismissed.

Court: High Court of Delhi at New Delhi

Coram: Hon’ble Mr. Justice V. Kameswar Rao and Hon’ble Ms. Justice Manmeet Pritam Singh Arora (Division Bench)

Date of Judgment: 24th April 2026

Citation: FAO(OS) (COMM) No. 79/2026 (2026:DHC:3522-DB)

Core Law: Arbitration and Conciliation Act, 1996 – Section 34(3) (Limitation for setting aside award); Computation of limitation for Section 34 petition – date of receipt of signed copy of award.

1. Heading of the judgment

High court of delhi at new delhi

Fao(os) (comm) no. 79 of 2026

Rhino finance private limited (appellant) vs. Golden bag technologies private limited (respondent)

Coram: hon’ble mr. justice v. kameswar rao and hon’ble ms. justice manmeet pritam singh arora (division bench)

Date: 24th april, 2026

2. Legal framework

Major laws and provisions involved:

... Upgrade to a Premium Plan to view the full judgment.