VALMIKI J. MEHTA, J.

C.M. No. 27239/2016 (for delay)

1. For the reasons stated in the application, delay of 87 days in filing the appeal is condoned, more so in view of the ratio of the judgment of the Supreme Court in the case of N. Balakrishnan Vs. M. Krishnamurthy AIR 1998 SC 3222, which holds that courts should be liberal while condoning the delay inasmuch as unless the delay suggests gross negligence or malafides for delaying the disposal of the case, delay should be condoned.

2. In my view, delay of 87 days is not such a huge delay by which gross negligence or malafides can be imputed to the appellant. The application is therefore allowed and delay of 87 days in filing the appeal is condoned.

C.M. No. 42316/2016 (u/O XXII R 1 and 2 r/w S.151 CPC)

3. For the reasons stated in the application and for the reason that the right to sue survives, this application is allowed. Legal heirs of the appellant are substituted in place of the appellant.

4. The application stands disposed of.

FAO No. 355/2016 & C.M. No. 27238/2016 (for stay)

5. This first appeal under Section 37 of the Arbitration and Conciliation Act, 1996 (hereinafter ‘the Act’) impugns the judgment of the court below d