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IN THE HIGH COURT OF ALLAHABAD
Arun Bhansali, CJ, Vikas Budhwar, J
State Of Up – Appellant
Versus
Virendra Giri – Respondent
In Re: Delay Condonation Application No. 1 of 2025
1. The present appeal purported to be under Section 37 of the Arbitration and Conciliation Act, 1996 (in short 'Act of 1996') has been preferred along with a delay condonation application supported by affidavit for condoning the delay in preferring the appeal questioning the order of the Commercial Court, Meerut rejecting the application under Section 34 of the 1996 Act for setting aside of the award.
2. A chart recapitulating the details of the cases is being quoted hereinunder:-
| Arbitration Appeal No. | Number of Arbitratio n Case | Date of Award | Amount awarded by the Arbitral Tribunal in INR | Date of decision of Section 34 under 1996 Act | Date of presentation of appeal under Section 37 of 1996 Act | Valuation of the Appeal under Section 37 of the Act of 1996 in INR | Period of delay in preferring appeal under Section 37 of 1996 Act in days |
| 37 of 2025 | 156/2022 | 30.11.2019 | 4341843/- (with interest) | 22.2.2024 | 20.01.2025 | 83,32,643.00 | 257 |
3. Sri Rajiv Singh, learned Standing Counsel, who appears for the appellants on the strength of the averments contained in the delay condonation application submits that the delay caused in filing the appeal is unintentional, bo
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 appeals under the Arbitration Act must adhere to strict timelines, and administrative delays do not constitute sufficient cause for condonation of delay.
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 reinforced that strict compliance with limitation periods under the Arbitration and Conciliation Act is mandatory, and delays beyond the prescribed time cannot be condoned without adequate ....
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 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 adopted a liberal and justice-oriented approach in the matter of condonation of delay, allowing the delay of 23 days to be condoned as sufficient cause was explained by the DDA.
The court may condone delays in filing appeals where sufficient cause is shown, including circumstances beyond a party's control, advocated particularly in light of unprecedented events like a pandem....
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