Authority: Supreme Court of India

Order Date: 14 October 2026

Case Overview

  • Parties: Municipal Corporation of Delhi (North) (appellant) vs M/s Harcharand Dass Gupta (respondent).
  • Appeals: Civil Appeal Nos. 10378/2017, 10380/2017, and 10379/2017 filed by the Corporation.
  • Background: The parties entered into an agreement dated 20‑04‑1992 pursuant to a work order issued in 1991 for construction work completed on 18‑09‑1992 (FAO No. 534) and 17‑08‑1992 (FAO No. 535). Payment disputes led to arbitration; the arbitral tribunal rejected the plea of limitation. The Corporation filed objections under Section 34 of the Arbitration and Conciliation Act; the Delhi High Court Single Judge (9 May 2006) held the claim barred by limitation. The respondent filed a Section 37 appeal; the Division Bench set aside the Single Judge’s order and remanded the matter to the arbitral tribunal for fresh determination of limitation, directing filing of pleadings within four weeks.
  • Counsel: For the appellant – Senior Counsel Yatinder Singh, Praveen Swarup and team; for the respondent – Senior Counsel Harish Malhotra, Dhruv Kapur and team.

Final Outcome

  • The Supreme Court allowed Civil Appeals 10378 and 10380, set aside the Division Bench orders dated 8 Nov 2012, and restored the Section 37 appeals to their original numbers for the High Court to decide on merits and limitation.
  • The Court directed the High Court to dispose of the Section 37 appeals expeditiously, preferably within four months from the order date.
  • Both parties agreed to move a joint application for early listing of the Section 37 appeals before the High Court.
  • Civil Appeal 10379 was dismissed as the plea of limitation was never raised; the related interlocutory applications were disposed of.

Topics: Arbitration, Limitation Plea, Municipal Contract