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2026 Supreme(Online)(Pat) 313

PATNA HIGH COURT
HONOURABLE MR. RAJEEV RANJAN PRASAD, HONOURABLE MR. PRAVEEN KUMAR, JJ
The General Manager, East Central Railways – Appellant
Versus
M/s KEC-DELCO- VARAHA (JV) – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Anand Kumar Ojha, Senior CGC, Mr. Ram Tujabh Singh, CGC
For the Respondents: None

CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD and HONOURABLE MR. JUSTICE PRAVEEN KUMAR ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)

5 29-01-2026 I.A. No. 3 of 2026 This interlocutory application has been filed seeking condonation of delay of 222 days in filing of the Commercial Appeal against the impugned judgment dated 28.05.2024 passed by learned Additional District Judge-XIV, Patna in Miscellaneous (Arbitration) Case No. 173 of 2019.

2. By the impugned judgment, the learned Additional District Judge-XIV has been pleased to dismiss the application under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the ‘Act of 1996’) and thereby refused to interfere with the award.

3. It appears on perusal of the interlocutory application that the delay occurred in the process of completing the formalities in getting approval for filing of the appeal from various Departments of the Railways. The contention of the appellants is that there had been no deliberate and intentional laches on the part of the Railways in filing of the appeal. The delay is totally attributable to the procedures which are required to be followed in getting approv

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