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SHEKHAR B. SARAF
National Highways Authority of India – Appellant
Versus
Krishna Uchchter Madhyamic Vidhyalaya – Respondent
JUDGMENT :
Hon'ble Shekhar B. Saraf, J.
Civil Misc. Delay Condonation Application No. 2 of 2024 :
Heard Sri Dhananjay Awasthi, learned counsel appearing on behalf of the appellant.
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. It is to be noted that the application filed by the appellant before the Court below under Section 34 of the Act was also delayed by four months and the same was dismissed as time barred.
4. There is furthermore an inordinate delay of 552 days in filing this appeal under Section 37 of the Act.
5. 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.
6. The issue with regard to filing an appeal under Section 37
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 court emphasized that delay in filing appeals under the Arbitration Act must be justified by sufficient cause, with negligence being insufficient for condonation.
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.
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 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 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 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....
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