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J. B. PARDIWALA, R. MAHADEVAN
Jharkhand Urja Utpadan Nigam Ltd. – Appellant
Versus
Bharat Heavy Electricals Limited – Respondent
ORDER :
1. Exemption Application is allowed.
2. This petition arises from the judgment and order passed by the High court of Jharkhand at Ranchi dated 14.02.2025 in Commercial Appeal No. 1 of 2025 by which the High Court rejected the Interim Application No. 11269 of 2024 filed by the petitioner herein under Section 5 of the Limitation Act, 1963 and thereby declined to condone the delay of 301 days in filing the main appeal under Section 13(1-A) of the Commercial Courts Act, 2015 for short, the "Act 2015."
3. It appears from the materials on record that the respondent herein M/s. Bharat Heavy Electricals Limited, a Central Government Company, instituted a civil suit against the petitioners herein for recovery of Rs. 26,59,34,854/- with interest at the rate of 15.75 per cent per annum calculated quarterly till realization from 12.11.2014 on the basis of the award passed by the Ms ME Council Kanpur.
4. In filing the statutory appeal, there was a delay of 301 days as noted above. In such circumstances, the petitioners herein prayed for condonation of delay. The High Court declined to condone the delay on the ground that no sufficient cause was assigned by the petitioners for the purpose of
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