CAV JUDGMENT

(PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL)

This appeal is filed by the appellant-plaintiff under Section 13(1-A) of the Commercial Courts Act, 2015 (hereinafter referred to as 'the Act'), challenging the judgment and decree dated 04.07.2024 passed in Com.A.P.No.56/2023 by the LXXXVII Additional City Civil and Sessions Judge, Bengaluru (CCH-88) (hereinafter referred to as the 'Commercial Court').

2. The appellant filed an application before the Commercial Court under Section 34 of the Arbitration and Conciliation Act, 1996, seeking to set aside the arbitral award passed by the Sole Arbitrator dated 23.06.2022 in A.C.No.94/2020. The Commercial Court, after considering the material on record, proceeded to dismiss the same. Being aggrieved, the present appeal is filed along with an application in I.A.No.1/2025 under Section 5 of the Limitation Act, 1963, seeking condonation of delay of 220 days in filing the appeal.

3. Sri.B.S.Venkatanarayana, learned Central Government counsel appearing for the appellant submits that one-S.Rathi, Deputy Chief Engineer, Southern Railway has filed an affidavit and an additional affidavit on behalf of the appellant along with an application