$~

* IN THE HIGH COURT OF DELHI AT NEW DELHI

Judgment reserved on: 05.08.2025

Judgment pronounced on: 24.12.2025

+ FAO(OS)(COMM) 292/2018

DELHI AIRPORT METRO EXPRESS PRIVATE LIMITED

(INDIA) .....Appellant

Through: Mr. Anirudh Bakhru, Mr. Rishi Agarwal, Ms. Tarini Khurana and Ms. Shruti

Arora, Advs.

versus

CONSTRUCCIONES Y AUXILIAR DE FERROCARRILES

&ANR. ..... Respondents

Through: Mr. Shantanu Tyagi, Ms. Aishani Das and Ms. Balapragatha Moorthy,

Advs.

CORAM:

HON'BLE MR. JUSTICE C. HARI SHANKAR

HON'BLE MR. JUSTICE OM PRAKASH SHUKLA

JUDGMENT

% 24.12.2025

OM PRAKASH SHUKLA, J.

1. This is an appeal filed under Section 37(1)(c) of the Arbitration and Conciliation Act, 1996, 1“the Act’ hereinafter, read with Section 13 of the Commercial Courts Act, challenging the impugned order dated 25.10.2018 passed by the learned Single Judge of this Court in the OMP (Comm.) bearing No. 7/2017 titled Delhi Airport Metro Express Private Limited (India) v. Construcciones Y Auxiliar De Ferrocarriles & Anr. By the

said order, the learned Single Judge had dismissed the Section 34 petition filed by appellant under Section 34 of the Act, on the ground of lack of jurisdiction, holding therein that Part I of the Arbitration and C