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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
HARSIMRAN SINGH SETHI, VIKAS SURI
Punjab Small Industries And Export Corporation Ltd. – Appellant
Versus
Bhullar Construction Company – Respondent
JUDGMENT :
Vikas Suri, J. -
CM-117-FCARB-2023
2. Prayer in this application under Section 5 of the Limitation Act, 1963, is for condoning the delay of 130 days in filing the accompanying First Appeal from Order (FAO).
3. Upon notice of the application, the respondents have put in appearance through counsel and opposed the same.
4. Learned counsel for the applicant-appellant submits that the applicant-appellant-corporation had preferred objections under Section 34 of the Arbitration and Conciliation Act, 1996 (for short, 'Arbitration Act') against the award dated 02.04.2017 passed by the learned Arbitrator, whereby the appellant was ordered to pay a sum of Rs.60,74,075/- to the claimant-respondent within three months, failing which the awarded amount was to carry interest @ 10% per annum from the date of the award. The application/objections filed under Section 34 of the Arbitration Act, were dismissed by the learned Additional District Judge-cum-Presiding Officer, Commercial Court, Chandigarh, vide judgment dated 20.01.2023.
5. Aggrieved by the said judgment, the applicant-appellant-corporation has moved the present appeal along with the instant application seeking condonation of delay o
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 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 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....
(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.
Setting aside or refusing to set aside arbitral award under Section 34 of Act and an appeal lies where an order is passed under Section 34.
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....
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