JUDGMENT

Neena Bansal Krishna, J. - The Appeal under Section 37(1)(c) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the 'Act, 1996') read with Section 13(1)(A) of the Commercial Courts Act, 2015 has been filed by the appellant-DDA for setting aside the Order dated 14.09.2022, passed in OMP(COMM) 5 of 2021, by of the learned District Judge (Commercial Court), whereby the Objections preferred by the appellant under Section 34 of the Act, 1996 were dismissed on the ground of maintainability.

2. Facts in brief are that the respondent No.1-M/s. Gupta & Co. (Claimant before the learned Arbitrator) was awarded a Tender by the appellant-DDA (Respondent before the learned Arbitrator) vide Letter dated 10.03.1986, whereby the work awarded was to be completed by 20.03.1987. The work contract got completed on 29.08.1989. However, the completion of works was not recorded and the respondent No.1's Final Bill was not prepared. The respondent No. 1 continued to pursue with appellant-DDA for the finalization of its bills and eventually, after much effort, Final Bill was prepared. The intimation regarding the same was given to the respondent No. 1 vide Letter dated 17.01.20