IMPORTANT POINT
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 reliance on counsel's advice.

JUDGMENT :

Order on Civil Misc. Delay Condonation Application No. 01 of 2023

Hon'ble Surendra Singh-I, J.-Heard Sri Krishna Mohan Asthana, learned counsel for the appellant/plaintiff and Sri Praveen Kumar Singh, learned counsel for the respondent/defendant on the delay condonation application filed alongwith arbitration appeal.

2. The arguments on the delay condonation application have been heard without calling for a counter-affidavit to the delay condonation application in view of the fact that the counsel for the defendant had agreed to argue the delay condonation application without a counter-affidavit as only a question of law was involved as to whether the limitation for filing the arbitration appeal would be counted as provided under the Commercial Courts Act, 2015 or as provided under the Arbitration and Conciliation Act, 1996 and whether this Court in either case has the power to condone the delay in filing the appeal.

3. The applicant-appellant has preferred this appeal against judgment and order dated 11.7.2023, formal order dated 14.7.2021 passed in Case No. 16 of 2021 (Mathura Vrindavan Development Authority through its Vice Chairman v. M/s. Agrawal Construction) filed under Section 34 of the Arbitration and Conciliation Act,1996.

4. It has been submitted by counsel for the applicant/petitioner that the applicant/petitioner had preferred an application under Section 34 of Arbitration and Conciliation Act,1996 (hereinafter referred to as the ''Act of 1996'') for setting aside the arbitral award within limitation period of 90 days prescribed under Section 34 (3) of the Act of 1996. Since the valuation of the arbitral award was more than Rs. 3,00,000/- the said application of the petitioner/applicant for setting aside the arbitral award was transferred to the Commercial Court No. 1 Agra hearing jurisdiction in accordance with Section 10 (3) of Commercial Courts Act, 2015 (hereinafter referred to as the '' Act of 2015''). The application was rejected vide order dated 14.7.2023 of the aforesaid Commercial Court, thereafter, applicant/petitioner preferred Arbitration Appeal under Section 37 of the Act of 1996 challenging the judgment and order dated 14.7.2023 passed under Section 34 of the Act of 1996.

5. It has also been submitted that no limitation period has been provided for filing an appeal under Section 37 of the Act of 1996 whereas, office has reported a delay of 29-30 days in filing the Arbitration Appeal in reference to Section 13 (1) (A) of the Act of 2015. It has further been submitted that the applicant/petitioner preferred the appeal on the basis of the judgment of Hon'ble Apex Court in N.V. International v. State of Aassam and another, (2020)2 SCC 109, in which the Hon'ble Apex Court held that limitation period for preferring an appeal under Section 37 of the Act 1996 to the High Court is 90 days as Article 116-117 of the Schedule of the Limitation Act is applicable in filing the appeal. It has been submitted that the applicant/petitioner preferred the appeal on the basis of bona fide and legal advice of his Counsel and there was no negligence, inaction or lack of bona fide on his part in filing the appeal after limitation period, therefore, the applicant/petitioner may be granted benefit of Section 5 of the Limitation Act.

6. No written objection has been filed by the opposite parties/respondents.

7. It has been submitted by counsel for the respondents that since the valuation of the arbitral award was more than Rs. 3,00,000/- therefore, it was sent to the Commercial Court, Agra for disposal, thus, the provisions of the Commercial Courts Act, 2015 is applicable in deciding the period of limitation for preferring an appeal under Section 37 of the Act of 1996. Under Section 13 (1) of the Act of 2015, the period of limitation in preferring such appeal before the High Court against the order of Commercial Court is 60 days from the date of the judgment and order as the purpose of Commercial Court is expeditious dispos