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 by this Court.

According to the appellant, the time consumed in getting approval for filing appeal caused delay of 275 days however there was no deliberate fault on the part of the appellant.

5. In addition to the grounds as has been taken in I.A. No. 6263 of 2021, to supplement the ground for condonation of delay, one supplementary affidavit was filed on behalf of appellant.

6. Mr. Rajiv Ranjan, learned Advocate General, appearing for the appellant pressing the supplementary affidavit has submitted that it has been filed supplementing the cause shown for not filing the appeal within the period of limitation.

It has been submitted that an award dated 11.07.2007 was passed by the sole arbitrator in Arbitration Proceeding, which led to filing of application being Misc. Case No. 07 of 2010 (O.S. No. 23 of 2017) on 09.10.2007 before learned Sub-Judge-I, Deoghar by the appellant. However, during pendency of the said application it was transferred to learned District Judge XIV-cum-Commercial Court, Dhanbad, wherein the final order was passed on 24.08.2018 dismissing the application preferred by the present appellant. The appellant received the certified copy of order passed in Misc. Case No. 07 of 2010 (O.S. No. 23 of 2017). With a view to prefer appeal against order dated 24.08.2018, the appellant-department opened a filed on 08.09.2018 and accordingly, the Executive Engineer, Irrigation Division, Sikatia forwarded the ‘statement of facts’ to the Chief Engineer, Water Resources Department, Deoghar on 12.09.2018 for its approval to prefer appeal before this Court, who on the same day forwarded it for approval to the Water Resources Department, Ranchi.

The concerned authorities of Water Resources Department, Ranchi opened a file on 12.09.2018 and note-sheet with respect to dismissal of Misc. Case No. 7 of 2010 (O.S. No. 23 of 2017) with an objective to receive approval of ‘statement of facts’ from the higher authorities for filing the appeal against order dated 24.08.2018 was drawn and forwarded it to Under Secretary, Water Resources Department, Ranchi. It has been stated that on the same date i.e. 12.09.2018, the Under Secretary, Water Resources Department, Ranchi forwarded the same to the Chief Engineering (Monitoring) with his own comments in the note-sheet. On 14.09.2018, the Chief Engineer (Monitoring) directed the Special Executive Officer (Law) to look into the matter and take all possible and appropriate steps for filing appeal before this Court. On 18.09.2018, the Special Executive Officer (Law) returned the file to the Chief Engineer (Monitoring) with comments and opinion. On 19.09.2018, the Assistant Engineer (Monitoring) suggested to provide the same file to Special Executive Officer (Law) for preparation of ‘statement of facts’ with necessary corre