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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Goutam Bhaduri, Radhakishan Agrawal
Bharat Aluminum Company Limited – Appellant
Versus
R.K. Transport Company – Respondent
JUDGMENT :
Goutam Bhaduri, J.
1. In the present appeal, the challenge is to the order dated 25.04.2023 passed by the Commercial Court wherein the appellants have been non-suited by recalling the order of admission of an appeal and the appeal was dismissed holding that it is barred by time. Hence the appellant is before this Court.
2. The facts of the case are that an award was passed by the sole arbitrator in Arbitration Case No.1/2012. The award was in favour of the respondent. The said award was received by the appellant with the signed copy of the award on the same day i.e., 09.04.2022 the day the award was passed. The appellant filed the appeal on 11.07.2022 under section 34 of the Arbitration and Conciliation Act, 1996 before the Commercial Court. The prayer was made to set aside the award and grant of stay was also sought for. When the case was listed before the Commercial Court, the Reader to the Court was directed to submit check report and to ensure to come up for consideration on admission on 13.07.2022. The appellant in support of appeal memo, filed his affidavit stating that 09.07.2022 was non-working day being second Saturday so far as the Commercial Court is concerned an
The period of limitation under the Arbitration and Conciliation Act should exclude non-working days, allowing for sufficient cause extension beyond three months.
The court emphasized the peremptory language of section 34 of the Arbitration and Conciliation Act, 1996, and the requirement for sufficient cause to condone any delay in filing the application.
The limitation period for an application under Section 34 of the Arbitration and Conciliation Act cannot be extended beyond specified timelines, maintaining strict adherence to legal provisions.
Point of Law : Even if the period of delay is considered to be of 21 days. Since Section 34(3) of the Act, 1996 bars condonation of delay beyond the period of 30 days after the period of 3 months is ....
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 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....
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