JUDGMENT :

P. MUKERJI, J.

CAN 1 of 2021-

1. We have to decide on the application under Section 5 of the Limitation Act, 1963, first before considering admission of the appeal. There a delay of 355 days in filing the appeal.

2. This appeal arise from a judgment and order dated 21st December, 2019 made by the learned Judge, Commercial Court at Asansol, in an application under Section 34 of the Arbitration and Conciliation Act, 1996 by the appellant. It challenged an award dated 27th June, 2018 made by the learned Arbitrator. The petitioner before the court was the State of West Bengal.

3. This arbitration arose out of a typical works contract. The learned Arbitrator awarded Rs.33,19,300/- on account of onsite expenses incurred by the respondent for “prolongation of the work”, Rs.1,01,40,800/- on account of hire charges of machinery deployed at the site, Rs.16,54,790/- for “additional cost of execution….”, Rs.3,61,653/- on account of “unusual increment in the price of bitumen” together with interest @12 per annum, the claim aggregating to Rs.13,28,690/-. The counter claim of the government was dismissed.

4. The learned judge in the impugned judgment and order dismissed the Section 34 application which had the effect of upholding the award.

5. Very promptly immediately after the award the respondent had levied execution thereof by filing an application in this court on 14th December, 2018. It was taken up for consideration on 4th February, 2021. An order was made that day to the effect that on deposit of Rs.1.68 crores with the learned Registrar Original Side, further execution, would be stayed. The appellant has duly deposited that amount with the said official.

6. The period of limitation for filing the appeal expired on 22nd February, 2020. This appeal was filed on 12th February, 2021 with a delay of 355 days.

7. Mr. Tilak Kumar Bose, learned senior advocate appearing for the respondent, very seriously opposed the prayer for condonation of delay. He argued that this question should be decided threadbare by the court.

8. The material dates should now be noticed.

9. The impugned order was made on 21st December, 2019. The period of limitation for preferring the appeal expired on 22nd February, 2020. This appeal was filed i.e. on 12th February, 2021.

10. On 23rd March, 2020 the Supreme Court in re: “In cognizance for extension of limitation,” passed the following order:-

“1. This Court has taken Suo Motu cognizance of the situation arising out of the challenge faced by the country on account of Covid-19 Virus and resultant difficulties that may be faced by litigants across the country in filing their petitions/applications/suits/appeals/all other proceedings within the period of limitation prescribed under the general law of limitation or under Special Laws (both Central and/or State).

To obviate such difficulties and to ensure that lawyers/litigants do not have to come physically to file such proceedings in respective Courts/Tribunals across the country including this Court, it is hereby ordered that a period of limitation in all such proceedings, irrespective of the limitation prescribed under the general law or Special Laws whether condonable or not shall stand extended w.e.f. 15th March 2020 till further order/s to be passed by this Court in present proceedings.

We are exercising this power under Article 142 read with Article 141 of the Constitution of India and declare that this order is a binding order within the meaning of Article 141 on all Courts/Tribunals and authorities.

This order may be brought to the notice of all High Courts for being communicated to all subordinate Courts/Tribunals within their respective jurisdiction.

Issue notice to all the Registrars General of the High Courts, returnable in four weeks.”

11. On 24th March, 2020 a complete lock down following the onset Covid-19 pandemic was declared all over the country.

12. As pointed by the Supreme Court in N.V. International Vs. State of Assam & Ors. reported in (2020) 2 SCC 109