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IN THE HIGH COURT OF DELHI AT NEW DELHI
ANIL KSHETARPAL, HARISH VAIDYANATHAN SHANKAR
Union Of India – Appellant
Versus
Pt Munshi Ram & Associates Pvt Ltd – Respondent
| Table of Content |
|---|
| 1. introduction and procedural history of the appeal. (Para 1 , 2 , 3) |
| 2. details on condonation of delay and its requirements. (Para 4 , 5 , 6 , 7) |
| 3. judicial scrutiny of grounds for condonation. (Para 8) |
| 4. application of limitation act to appeals. (Para 9) |
JUDGMENT :
HARISH VAIDYANATHAN SHANKAR, J.
1. The present appeal under Section 37 of the Arbitration and Conciliation Act, 1996, [A&C Act.] , arises from the Judgment dated 21.12.2012, [Impugned Judgement.], passed by the learned Single Judge of this Court in O.M.P. No. 432/2011. By the said judgment, the petition filed by the Appellant under Section 34 of the A&C Act was partly allowed against the Arbitral Award dated 24.02.2011, [Arbitral Award.], passed in Case No.ARB/RJB/122 by the Sole Arbitrator.
2. At the outset, it is apposite to recount the chequered procedural history of the matter. The present appeal was initially disposed of by this Court on 08.01.2014. Dissatisfied with that decision, the Appellant preferred Review Petition No. 323/2015, which, however, met with the same fate and was dismissed on 02.09.2016. Against these Orders, the Appellant thereafter invoked the jurisdiction of the Hon’ble Supreme Co
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....
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 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 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 emphasized that delay in filing appeals under the Arbitration Act must be justified by sufficient cause, with negligence being insufficient for condonation.
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....
(1) Condonation of delay under Section 5 of Limitation Act has to be seen in context of object of speedy resolution of disputes. Section 5 of Limitation Act will apply to appeals, both by virtue of S....
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