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2016 Supreme(Del) 2333

MANMOHAN SINGH
KRISHNAPATNAM PORT COMPANY LIMITED – Appellant
Versus
STRATEGIC PORT INVESTMENTS KPC LIMITED – Respondent


Advocates Appeared:
For the appellant : Mr.Amit Sibal, Sr.Adv. with Mr.Dhruv Dewan, Mr.Sulabh Rewari, Mr.Arjun Pall, Mr. Namit Suri & Mr.Vivek R, Advs.
For the Respondents: Mr.Rajiv Nayar, Sr.Adv. with Ms.Tine Abraham, Mr.Shankh Sengupta & Ms.Prerna Jain, Advs. for R-1.

JUDGMENT :

MANMOHAN SINGH, J.

1. By way of this order, I propose to decide the above said application filed by the appellant under Section 151 CPC, for condonation of delay of 144 days in re-filing the appeal.

2. The appellant has filed the accompanying appeal under Section 37(2)(b) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the “Act") impugning the orders on interim measures dated 22nd September, 2015 passed by the Arbitral Tribunal in arbitration proceedings bearing reference LCIA Arbitration No.142681 commenced by the respondent No.1. By way of the impugned order, the Arbitral Tribunal has passed orders against the appellant.

3. The limitation for filing the appeal is three months from the date of receipt of order. The appellant had filed the present appeal on 29th October, 2015. However, the appeal could not be cleared for listing due to various defects being pointed out by the Registry after each re-filing. As per the appellant, the grounds of the appeal was also required to be modified on account of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Ordinance, 2015 (now, the Commercial Courts, Commercial

























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