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RAMESH CHAND MALVIYA
State of Bihar – Appellant
Versus
Baba Hans Construction Pvt. Ltd. – Respondent
Ramesh Chand Malviya, J.—The present Memo of appeal has been filed under Section 37(1)(c) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the ‘Act’), against the order dated 29.05.2023 passed in Civil Misc. Case No. 44 of 2021 by the Learned District Judge, Rohtas at Sasaram whereby and whereunder the Learned Judge was pleased to dismissed the application filed by the appellant under Section 34 of the Act at the admission stage on the ground of limitation without giving benefit under Section 5 of Limitation Act, 1963.
2. This appeal is accompanied by an interlocutory application seeking condonation of delay of 129 days in filing of this appeal. At the very outset, learned counsel for the appellant submits that though the application inadvertently mentions delay of 129 days and the appeal is barred by 60 days. In support of the interlocutory application, learned counsel submits that the delay in filing of the appeal has occurred primarily because the file moves from field to headquarter/department and in the department also files move from the level of Assistant and it reaches up to the level of Joint Secretary/Secretary after crossing various officers. By p
The court emphasized that delay in filing appeals under the Arbitration Act must be justified by sufficient cause, with negligence being insufficient for condonation.
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 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 court emphasized that appeals under the Arbitration Act must adhere to strict timelines, and administrative delays do not constitute sufficient cause for condonation of delay.
The court established that delays in appeals under the Arbitration Act are to be strictly limited, with condonation only in exceptional circumstances where compelling reasons are provided.
(1) Condonation of delay under Section 5 of Limitation Act has to be seen in context of object of speedy resolution of disputes. Section 5 of Limitation Act will apply to appeals, both by virtue of S....
Timely filing of appeals under the Arbitration and Conciliation Act is crucial; bureaucratic delays are inadequate reasons for condoning significant delays.
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