Back
DELHI HIGH COURT
NAJMI WAZIRI, VIKAS MAHAJAN
Union of India – Appellant
Versus
Incom Cables (Pvt.) Ltd. – Respondent
| Table of Content |
|---|
| 1. condonation of delay requirements for appeal (Para 1 , 2) |
| 2. interpretation of 'sufficient cause' in delay applications (Para 3 , 4 , 5 , 6) |
| 3. assessment of reasons provided for delay (Para 7 , 8 , 9) |
| 4. dismissal of appeal due to time-barred status (Para 10 , 11) |
JUDGMENT
Najmi Wazri, J. (ORAL)
The hearing has been conducted through hybrid mode (physical and virtual hearing).
CM APPL. 31424/2022 (For condonation of delay)
1. This application seeks condonation of a delay of 34 days in the filing of the accompanying appeal under section 37 of the Arbitration and Conciliation Act, 1996, against the order of the District Judge dismissing its petition under section 34 of the Act. The appeal has also been filed under section 13 (1A) of the Commercial Courts Act, 2015. The latter provision reads inter alia as under:
" Section 13. Appeals from decrees of Commercial Courts and Commercial Divisions. (1A) Any person aggrieved by the judgment or order of a Commercial Court at the level of District Judge exercising original civil jurisdiction or, as the case may be, Commercial Division of a High Court may appeal to the Commercial Appellate Division of that High Court within a
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 court established that appeals under Section 37 of the Arbitration and Conciliation Act must be filed within 60 days, with a grace period of 30 days, and that delays beyond this period are not to....
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 court established that the limitation period for appeals under the Arbitration Act is 60 days as per the Commercial Courts Act, but delays can be condoned based on sufficient cause, including rel....
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 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....
The court reinforced that no provision exists under Section 13(1-A) of the Commercial Courts Act for condoning delays in appeal filings.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
