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REKHA PALLI, SAURABH BANERJEE
Union of India – Appellant
Versus
BESCO Limited (Wagon Division) – Respondent
JUDGMENT :
Rekha Palli, J.
1. The present appeal under Section 37 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as ‘the Act’), seeks to assail the order dated 31.07.2023 passed by the learned Single Judge in OMP (COMM) No. 467/2019. Vide the impugned order, the learned Single Judge has rejected the application filed by the appellant under Section 34 of the Act to assail the Arbitral Award dated 02.05.2019 as rectified on 31.07.2019.
2. The appeal is accompanied by an application seeking condonation of 121 days delay in filing the appeal. At the outset, learned counsel for the appellant submits that though the application inadvertently mentions 121 days, the appeal is barred only by 112 days. In support of the application, she submits that the delay in filing of the appeal has occurred primarily because of the procedural delays involved in filing an appeal on behalf of the Union of India (UoI). Furthermore, the filing of the appeal was also delayed for about thirty days during which period she was attending to her ailing father. By placing reliance on an order dated 24.11.2023 passed by the Apex Court in an appeal arising out of SLP (C) No.12180/2023 titled M/s
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 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.
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 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 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 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....
Timely filing of appeals under the Arbitration and Conciliation Act is crucial; bureaucratic delays are inadequate reasons for condoning significant delays.
The Court held that the 60-day limitation for appeals under the Arbitration Act is strict and can only be extended in exceptional cases where sufficient cause is demonstrated, which was not establish....
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