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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
ANU SIVARAMAN, RAJESH RAI K.
Hubli Electricity Supply Company Limited, Represented By Its Superintending Engineer, Project Monitoring Cell (SEPMC) – Appellant
Versus
Spml Infra Limited, (Formerly Subhash Projects And Marketing Ltd.) – Respondent
| Table of Content |
|---|
| 1. scope of appeal under arbitration act (Para 1 , 2) |
| 2. counsel representation in legal proceedings (Para 3) |
| 3. factual background of the case (Para 4) |
| 4. contentions raised by appellant regarding delay (Para 5 , 6) |
| 5. contentions raised by respondent against delay condonation (Para 7 , 8 , 12 , 19) |
| 6. review of procedural timelines under arbitration act (Para 9 , 10 , 11) |
| 7. judicial principles on delay in appeals (Para 13 , 14 , 15) |
| 8. assessment of sufficient cause for delay (Para 17 , 18) |
| 9. court's disapproval of negligence as sufficient cause (Para 20 , 21) |
JUDGMENT :
ANU SIVARAMAN, j.
1. The only question which requires a consideration in this appeal is:-
Whether this appeal under Section 37 of the Arbitration and Conciliation Act, 1996 ('Arbitration Act' for short) filed with an application to condone the delay of 126 days in filing the same is liable to be considered on merits or not?
2. This Commercial Appeal is filed under Section 13 (1-A) of the Commercial Courts Act, 2015 read with Section 37 of the Arbitration and Conciliation Act, 1996 ('Arbitration Act' for short) against the judgment dated 29.11.2021 passed by the LXXXII Additional City Civil and Sessions
The court emphasized that the law of limitation binds all parties, and mere bureaucratic delays are insufficient for condoning delays in filing appeals.
The court may condone delays in filing appeals where sufficient cause is shown, including circumstances beyond a party's control, advocated particularly in light of unprecedented events like a pandem....
The law of limitation applies equally to all parties, including the Government, and a lack of diligence in filing appeals can result in rejection of delay condonation applications.
The main legal point established in the judgment is that the doctrine of condonation of delay should be applied judiciously, taking into account the circumstances and the impact of external factors s....
The court emphasized that delay in filing appeals under the Arbitration Act must be justified by sufficient cause, with negligence being insufficient for condonation.
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