CHIEF ENGINEER/TSP/NR ACTING THROUGH DEPUTY CHIEF ENGINEER/TS NORTHERN RAILWAY, NEW DELHI Vs. M/S. VISHAL NIRMITI PVT LTD

JUDGEMENT

(1.) Present appeal has been filed challenging the judgement and order dtd. 22/9/2022 passed in O.M.P. (Comm.) 404/2022 by the learned Single Judge of this Court.

(2.) Learned counsel for the appellant states that the learned Single Judge has erred in dismissing appellant-petitioner s petition under Sec. 34 of the Arbitration and Conciliation Act, 1996 ('the Act') solely on the ground of delay.

(3.) He states that the present case is a matter of public policy as it involves a service rendered to the public at large by the Railways-a public service entity. He further states that the award is beyond the contract as the claimant is entitled only to reimbursement of VAT/GST/Sales Tax paid by him on furnishing of evidence or challan of the payment.