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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Shri Rana Mukherjee, J
Bharat Aluminum Company Limited (Balco) New Delhi v. R. K. Transport Company Durg (C.G.)
| Table of Content |
|---|
| 1. nature of the challenge against the commercial court's decision. (Para 1 , 2) |
| 2. procedural fairness concerning the handling of the appeal. (Para 3 , 4) |
| 3. limitations and their computation under the arbitration and conciliation act. (Para 5) |
| 4. application of limitation laws in arbitration appeals. (Para 7 , 8) |
| 5. clarification on the exclusion of specific days under limitation statute. (Para 9 , 10) |
| 6. criteria for condonation of delay. (Para 11) |
| 7. conclusion of appeal and its implications. (Para 12 , 13) |
1. In the present appeal, the challenge is to the order dated 25.04.2023 passed by the Commercial Court wherein the appellants have been non - suited by recalling the order of admission of an appeal and the appeal was dismissed holding that it is barred by time. Hence the appellant is before this Court.
2. The facts of the case are that an award was passed by the sole arbitrator in Arbitration Case No.1/2012. The award was in favour of the respondent. The said award was received by the appellant with the signed copy of the award on the same day i.e., 09.04.2022 the day the award was passed. The appellant filed the appeal on 11.07.2022 under S.34 of the Arbitration a
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