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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SOMASEKHAR SUNDARESAN
Supriya Raju Mehta – Appellant
Versus
National Highway Authority of India, Rep. By its Executive Engineer, National Highway Division – Respondent
| Table of Content |
|---|
| 1. appeal under arbitration act. (Para 1 , 2 , 3 , 4) |
| 2. process of statutory arbitration. (Para 5 , 6) |
| 3. strict deadlines for challenge under law. (Para 7 , 8 , 9 , 10 , 11) |
| 4. nhai cannot be a third party. (Para 12 , 13 , 14) |
| 5. condonation of delay principles. (Para 15 , 16 , 17) |
| 6. impugned order quashed on delay. (Para 18) |
| 7. final disposal of appeal. (Para 19 , 20 , 21) |
JUDGMENT :
SOMASEKHAR SUNDARESAN, J.
Context and Factual Background :
1. This an Appeal filed under Section 37 of the Arbitration and Conciliation Act, 1996 (“Arbitration Act”), challenging an order dated March 30, 2021 (“Impugned Order”) passed by the Learned District Court, Sindhudurg, setting aside an arbitral award dated March 20, 2018 (“Arbitral Award”) passed pursuant to arbitral proceedings conducted under Section 3G(5) of the NATIONAL HIGHWAYS ACT , 1956 (“Highways Act”).
2. The Petitioner’s land admeasuring 0.020 Ares had been acquired by the National Highways Authority of India (“NHAI”) for the Mumbai-Goa Highway. The Learned District Court entertained a challenge under Section 34 of the Arbitration Act filed by NHAI, filed over two years after the passing of the Arbitral Award. The delay in fi
Delay in challenging arbitral awards under the Arbitration Act cannot exceed three months plus a permissible thirty days, reinforcing strict adherence to statutory timelines.
Judicial intervention in arbitral proceedings is limited; parties must await the final award unless a right of appeal exists, and a liberal approach is adopted for condoning delays in land acquisitio....
The court emphasized a liberal approach to condoning delays in land acquisition cases, allowing petitions despite alternative remedies being available.
Misleading submissions in applications for condonation of delay undermine credibility, leading to dismissal of such applications.
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