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IN THE HIGH COURT OF DELHI AT NEW DELHI
ANIL KSHETARPAL, HARISH VAIDYANATHAN SHANKAR
Dilshad Khan – Appellant
Versus
Govt. of NCT of Delhi – Respondent
JUDGMENT :
HARISH VAIDYANATHAN SHANKAR J.
1. The present appeal has been filed under Section 37 of the Arbitration and Conciliation Act, 1996 [A&C Act] read with Section 13(1A) of the COMMERCIAL COURTS ACT , 2015 [CC Act], inter alia, assailing the Order dated 04.02.2025 [Impugned Order] passed by the learned District Judge (Commercial Court), North-East District, Karkardooma Courts [District Judge], in OMP (COMM) 2/2023. By the Impugned Order, the Petition under section 34 of the A&C Act filed by the Respondent herein was allowed and the Arbitral Award dated 02.03.2023, passed in case No. ARB/RM/15 by the learned sole Arbitrator was set aside.
2. At the very outset, the learned counsel for the Appellant was posed with the question as to whether the present appeal is maintainable, considering that it appears to have been filed beyond the prescribed period of limitation.
3. The aforesaid query arose on the basis of the averments contained in the application, accompanied with the appeal, seeking condonation of delay, which reads as follows:
“3. The appellant submit that the Impugned order was passed on 04.02.2025 and 60 days expired on 05.04.2025. Thereafter the appellant had applied for
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 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....
Timely filing of appeals under the Arbitration and Conciliation Act is crucial; bureaucratic delays are inadequate reasons for condoning significant delays.
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....
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 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....
(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....
The court emphasized that delay in filing appeals under the Arbitration Act must be justified by sufficient cause, with negligence being insufficient for condonation.
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