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SALIL KUMAR RAI, SURENDRA SINGH-I
Mathura Vrindavan Development Authority – Appellant
Versus
Agarwal Construction Company – Respondent
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 und
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....
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....
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 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 law of limitation applies equally to all parties, including the Government, and a lack of diligence in filing appeals can result in rejection of delay condonation applications.
The court emphasized that delay in filing appeals under the Arbitration Act must be justified by sufficient cause, with negligence being insufficient for condonation.
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