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* IN THE HIGH COURT OF DELHI AT NEW DELHI

% Judgment reserved on:15.12.2025

Judgment pronounced on:24.12.2025

+ FAO (COMM) 319/2025, CM APPL. 70183/2025, CM

APPL.70184/2025, CM APPL. 70185/2025 and CM

APPL.70186/2025

GNCTD THROUGH DEPARTMENT OF TRAINING AND

TECHNICAL EDUCATION .....Appellant

Through: Ms. Avni Singh, Panel Counsel

with Mr. Abhimanyu Kapoor,

Advocate.

versus

M/S HUMAN POTENTIAL DEVELOPMENT AND

RESEARCH SOCIETY .....Respondent

Through: Mr. B.S. Rawat, Advocate.

CORAM:

HON'BLE MR. JUSTICE ANIL KSHETARPAL

HON'BLE MR. JUSTICE HARISH VAIDYANATHAN

SHANKAR

J U D G M E N T

HARISH VAIDYANATHAN SHANKAR, J.

1. The present Appeal has been instituted under Section 37(1)(c)

of the Arbitration and Conciliation Act, 1996, A&C Act read with Section

13(1A) of the Commercial Courts Act, 2015, challenging the

Judgement dated 05.08.2025, Impugned Judgement passed by the learned District Judge,

Commercial Court, North-West District, Rohini, Delhi, Commercial Court, in

Signature Not VeriFfiAedO (COMM) 319/2025 Page 1 of 12

Digitally Signed

By:HARVINDER KAUR

BHATIA

Signing Date:24.12.2025

16:52:33

OMP(Comm.) No. 38/2021 titled as „Department of Training and

Technical Education, GNCTD vs. M/s Human Potential Development

& Research Society‟.

2. By way of the Impugned Judgement, the Commercial Court

dismissed the Petition of the Appellant herein, filed under Section 34

of the A&C Act, by way of which the Appellant sought to set aside

the Arbitral Award dated 09.01.2020, Arbitral Award

BRIEF FACTS:

3. The Appellant herein, Department of Training & Technical

Education, Department, functions under the aegis of the Government of NCT of

Delhi and is entrusted with the implementation of skill development

and vocational training programmes. The Respondent is a registered

Vocational Training Provider under the Modular Employable Skills

Scheme, MES, which forms part of the Skill Development Initiative

Scheme launched by the Government of India.

4. The parties entered into a contractual agreement pursuant to an

Office Order passed by the Department dated 17.03.2015, whereby the

Respondent was approved to commence training programmes in

respect of the modules specified therein, and was entitled to

reimbursement of the training and assessment costs, subject to strict

compliance with, and adherence to, the guidelines issued in this regard

by the Directorate General of Employment and Training, DGE&T on their

web portal.

5. The Respondent, upon completion of various training modules,

Signature Not VeriFfiAedO (COMM) 319/2025 Page 2 of 12

Digitally Signed

By:HARVINDER KAUR

BHATIA

Signing Date:24.12.2025

16:52:33

raised several bills, seeking reimbursement for training and

assessment costs. The Appellant, during scrutiny of the said bills,

noticed certain ambiguities and discrepancies and non-compliance

with the guidelines of DGE&T, including delayed submission of the

claims, duplication of trainers across batches conducted

simultaneously, and non-compliance with mandatory attendance

requirements.

6. Pursuant thereto, disputes arose between the parties, whereupon

the Respondent initiated arbitration proceedings seeking

reimbursement for the services rendered. The learned Sole Arbitrator

entered upon the reference on 23.08.2018. During the pendency of the

arbitral proceedings, the parties engaged in settlement discussions, as

a consequence of which the Respondent withdrew all its claims,

except those relating to two disputed bills, amounting to

Rs. 3,70,000/- and Rs. 4,52,500/- respectively, aggregating to

Rs. 8,22,500/-.

7. The learned Sole Arbitrator passed the Arbitral Award whereby

the remaining claims of Rs. 8,22,500/- were allowed in favor of the

Respondent.

8. Aggrieved by the said Arbitral Award, the Appellant filed a

Petition under Section 34 of the A&C Act, before the learned

Commercial Court.

9. Thereafter, by the Impugned Judgment dated 05.08.2025, the

learned Commercial Court dismissed the petition under Section 34 on

the ground of non-est filing, inter alia, due to the failure to file the

Arbi