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2021 Supreme(Jhk) 829

RAVI RANJAN, SUJIT NARAYAN PRASAD
State of Jharkhand, Water Resources Department – Appellant
Versus
Hardeo Singh, Contractor, through its Partner Sri Avtar Singh, Son of Hardeo Singh – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Rajiv Ranjan, A.G
For the Respondent: Mr. Arjun Kumar De, Mr. Manoj Kumar No.-II, Adv.

JUDGMENT :

The instant Commercial appeal has been filed under Section 13 of the Commercial Courts Act, 2015 for assailing judgment/order dated 24.08.2018 passed in Original Suit No. 23 of 2017 (Misc. Case No. 07 of 2010) by the District Judge-XIV-cum-Presiding Officer, Commercial Court, Dhanbad by which award dated 11.07.2007 passed by the learned Sole Arbitrator has been affirmed/upheld.

I.A. No. 6263 of 2021

2. Since, this appeal is barred by limitation, Interlocutory Application being I.A. No. 6263 of 2021 has been filed, as such it would be apt for this Court to first deal with the delay condoning application.

3. This application has been filed for condonation of delay of 275 days in preferring the present Commercial Appeal.

4. The ground for condoning the delay has been taken, as would appear from the delay condoning application, that upon receipt of the order passed in Original Suit No. 23 of 2017 the department immediately acted upon and after taking legal opinion the same was sent to Departmental Head for approval of the same and after getting appropriate approval appellant filed the aforesaid commercial appeal as substantial question of law is involved which needs to be decided

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