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2025 Supreme(Online)(Del) 7711

IN THE HIGH COURT OF DELHI AT NEW DELHI
PRATHIBA M. SINGH, RAJNEESH KUMAR GUPTA, JJ
M/S TEFCIL BREWERIES LTD. – Appellant
Versus
M/S ALFA LAVAL INDIA PVT. LTD. – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Sushil Bajaj, Mr. Bhavook Chauhan, Mr. Amit Sanduja, Ms. Sakshi Singh, Mr. Tushar Batra
For the Respondents: Mr. Shankar Vaidialingam, Mr. Shivain Vaidialingam

JUDGMENT

Prathiba M. Singh J.,

1. The present appeal has been filed by the Appellant-M/s Tefcil Breweries Ltd. under Section 37 of the Arbitration and Conciliation Act, 1996 (hereinafter ‘the Act’) read with Section 13 of the Commercial Courts Act, 2015 challenging the judgment dated 8th January, 2025 (hereinafter, ‘impugned judgment’) passed by the ld. Single Judge of this Court in O.M.P. (COMM) 479/2018 titled ‘Tefcil Breweries Ltd. v. Alfa Laval (India) Limited’.

2. Vide the impugned judgment, the petition filed by the Appellant under Section 34 of the Act assailing the Arbitral Award dated 17th October, 2017 and additional award dated 18th May, 2018 has been dismissed by the ld. Single Judge of this Court on the ground of being barred by limitation.

Facts

3. The background of the present case is that the Appellant had approached the Respondent – M/s Alfa Laval India Pvt. Ltd. which is a leading supplier of brewery plants for setting up of a brewery plant as a green field project. An agreement dated 17th March, 2005 was entered into for supply, erection, and commissioning of a brewery plant at Nargala Industrial Area, Samlana- Jwali, District Kangara, Himachal Pradesh. The total

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