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2021 Supreme(Online)(MP) 8611

MADHYA PRADESH HIGH COURT
, J
Mission Director National Health Mission v. Jagdish Shanti Hotels Pvt. Ltd. and Others


Table of Content
1. filing appeal delayed beyond statutory limits. (Para 1 , 2)
2. statutory timelines for appeals must be upheld. (Para 3 , 4)

1. This appeal has been filed under S.37 of the Arbitration and Conciliation Act (hereinafter referred to as ''the Act'') against the order dated 19.08.2019 passed by the 3rd Additional District Judge, Bhopal in MJC(AV) No.09/2018 whereby the objection filed by the appellant under S.34 of the Act against the arbitral award dated 23.02.2017 has been rejected.

2. This appeal has been filed on 12.08.2020 after 206 days of passing the order by the Court below. After excluding the coping period and holidays etc. and also excluding the 90 days period available for filing the appeal, there is a delay of 103 days in filing this appeal.

3. The Hon'ble Supreme Court in the matter of Union of India v. Varindera Constructions Limited , reported in (2020) 2 SCC 111 has taken the view that since S.34 application has to be filed within a maximum period of 120 days including the grace period of 30 days therefor, an appeal filed from the selfsame proceedings under S.37 of the Act should be covered by the same drill and filing an appeal beyond the period of 120






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