Back
SHEKHAR B. SARAF
Nirankar Dutt Tyagi – Appellant
Versus
N. H. I. Unit Dehradun – Respondent
JUDGMENT :
SHEKHAR B. SARAF, J.
Civil Misc. Delay Condonation Application No. 1 of 2024
1. Heard counsel appearing on behalf of the applicants/appellants and Mr. Pranjal Mehrotra with Mr. Ashish Kumar Gupta, counsel appearing on behalf of the respondent.
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 an inordinate delay of 393 days in filing this appeal under Section 37 of the Act.
4. In M/s N.V. International v. State of Asam and others, 2020 (2) SCC 109 [Coram: Rohinton Fali Nariman and S. Ravindra Bhat, JJ.] and Government of Maharashtra (Water Resources Department) Represented by Executive Engineer v. M/s Borse Brothers Engineers & Contractors Pvt. Ltd. (2021) 6 SCC 460 [Coram: Rohinton Fali Nariman, B.R. Gavai and Hrishikesh Roy, JJ.] the Supreme Court has stated that such a delay in filing an appeal under Section 37 of the Act cannot be allowed.
5. The issue with regard to filing an appeal under Section 37 of the Act is no longer res integra as the same has been settled by the Supreme Court. One may rely on the judgment in M/s N.V. Inter
The court established that delays in appeals under the Arbitration Act are to be strictly limited, with condonation only in exceptional circumstances where compelling reasons are provided.
The limitation period for challenging an arbitral award under Section 34(3) of the Arbitration & Conciliation Act, 1996 is strict and cannot be extended beyond 120 days, emphasizing the need for time....
The court emphasized that delay in filing appeals under the Arbitration Act must be justified by sufficient cause, with negligence being insufficient for condonation.
Delay in filing an appeal under Section 37 of the Arbitration and Conciliation Act, 1996 can only be condoned in exceptional cases where the party has acted bona fide and not negligently.
The court emphasized the strict timelines prescribed in the Arbitration and Conciliation Act and the Limitation Act, and held that delays beyond the statutory periods cannot be condoned.
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....
Timely filing of appeals under the Arbitration and Conciliation Act is crucial; bureaucratic delays are inadequate reasons for condoning significant delays.
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 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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
