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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW
Rajan Roy, Om Prakash Shukla
Project Director, Uphsdp, Lucknow – Appellant
Versus
Commercial Court No. 1 Lucknow Thru Its Presiding Officer – Respondent
JUDGMENT :
(Per : Om Prakash Shukla, J.)
Order on C.M. Application No.IA/1/2025 : Application for Condonation of Delay
(1) Heard Shri Tushar Verma, learned Additional Chief Standing Counsel for the appellants and Mr. Abhinav Bhattacharya, learned Counsel for the respondents on the present application for condonation of delay in filing the appeal,
Introduction
(2) The present appeal has been filed by the appellants under Section 37 of the Arbitration and Conciliation Act, 1996 read with Section 13 of the COMMERCIAL COURTS ACT , 2015, interdicting the judgment and order dated 07.09.2024 passed by the learned Presiding Officer, Commercial Court No.1, Lucknow in Arbitration Case No. 08 of 2023 : The Project Director, UPHSDP, Lucknow & Ors. Vs. M/s Maruti Construction) as well as Arbitral Award dated 31.01.2021 passed by the learned Arbitrator.
(3) The application under section 34 of the Arbitration and Conciliation Act, 1996 against the Arbitral Award dated 31.01.2021, has been dismissed on the grounds of limitation.
Order on Practise Directions
(4) Before proceeding to adjudicate the application for condonation of delay in filing the present appeal, it is pertinent to note the growing trend
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 court emphasized that delay in filing appeals under the Arbitration Act must be justified by sufficient cause, with negligence being insufficient for condonation.
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 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....
Timely filing of appeals under the Arbitration and Conciliation Act is crucial; bureaucratic delays are inadequate reasons for condoning significant delays.
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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