State Of U. P. vs Rajveer Singh - 2024 Supreme(All) 332

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(All) 332

SHEKHAR B. SARAF
State Of U. P. – Appellant
Versus
Rajveer Singh – Respondent

Advocates Appeared:
For the Appellant :S.C. Counsel for Respondent:-Poorva Agarwal,Punit Kumar Gupta

JUDGMENT :

1. Heard counsel appearing on behalf of the parties.

2. This is an appeal under Section 37 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the 'Act') arising out of an order passed under Section 34 of the Act.

3. There is a substantial delay of four years in filing this appeal under Section 37 of the Act.

4. Counsel appearing on behalf of respondents relied upon a judgment in Government of Maharashtra (Water Resources Department) Represented by Executive Engineer v. M/s Borse Brothers Engineers & Contractors Pvt. Ltd. reported in (2021) 6 SCC 460 to submit that such a delay in filing an appeal under Section 37 of the Act cannot be allowed. Relevant paragraph relied upon by counsel appearing on behalf of respondents is delineated below :-

"61. Given the aforesaid and the object of speedy disposal sought to be achieved both under the Arbitration Act and the Commercial Courts Act, for appeals filed under section 37 of the Arbitration Act that are governed by Articles 116 and 117 of the Limitation Act or section 13(1A) of the Commercial Courts Act, a delay beyond 90 days, 30 days or 60 days, respectively, is to be condoned by way of exception and not by

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