[Arbitration Act] Limitation Does Not Stop If Initial Filing Is Non Est, Date Of Filing Must Be Reckoned From Date Of Refiling: Delhi HC

The Delhi High Court Bench of Justice Manoj Kumar Ohri has reiterated that the filing of the arbitral award under challenge along with application under Section 34 of the Arbitration and Conciliation Act is not a mere procedural formality but an essential requirement and non-filing of the same would make the application non est in the eyes of law. The Court relied on its recent full bench decision in Pragati Construction Consultants v. Union of India and Another 2025 SCC OnLine Del 636, wherein it was observed that an initial filing is considered to be non est if the application under Section 34 Arbitration and Conciliation Act is so deficient so as not to be considered as a filing at all. It was further observed that filing of the Arbitral Award under challenge along with the application under Section 34 of the Arbitration and Conciliation Act is not a mere procedural formality but an essential requirement and non filing of the same would make the application non est in the eyes of law. Applying the law to the facts of the case, the Court was of the opinion that given the nature of defects pointed out by the Registry on 01.04.2024 and the Petitioner's failure to re-file the petition with the maximum condonable period of 3 days after 3 months, the petition filed on 28.03.2024 without the award was not a valid filing.