The court emphasized that delays beyond statutory limits in appeal filings, attributed to negligence, do not warrant condonation, adhering strictly to legislative timelines.

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 approval at various levels of the Department.

4. Mr. Anand Kumar Ojha, learned Senior Counsel assisted by Mr. Ram Tujabh Singh, learned CGC representing the Railways has taken this Court through the statements made in paragraphs ‘4’ to ‘7’ of the application. It is his submission that there are procedures and hierarchy in the administrative, finance and legal Departments of the Railways. It is his submission that an attempt to act in unison and in alignment to the compulsory protocol has resulted into this delay.

5. We have considered the application seeking condonation of delay.

6. This is an appeal preferred under Section 37 of the Act of 1996 read with Section 13 (1-A) of the Commercial Courts Act, 2015 (hereinafter referred to as the ‘Act of 2015’ or the ‘Commercial Courts Act’). Section 13 (1-A) of the Act of 2015 and Section 37 of the Act of 1996 are being reproduced hereunder for a ready reference:-

“ Section 13 . Appeals from decrees of Commercial Courts and Commercial Divisions. (1-A) Any person aggrieved by the judgment or order of a Commercial Court at the level of District Judge exercising original civil jurisdiction or, as the case may be, Commercial Division of a High Court may appeal to the Commercial Appellate Division of that High Court within a period of sixty days from the date of the judgment or order:

Provided that an appeal shall lie from such orders passed by a Commercial Division or a Commercial Court that are specifically enumerated under Order XLIII of the Code of Civil Procedure, 1908 (5 of 1908) as amended by this Act and section 37 of the Arbitration and Conciliation Act, 1996 (26 of 1996).]

Section 37 . Appealable order.- (1) 2[Notwithstanding anything contained in any other law for the time being in force, an appeal] shall lie from the following orders (and from no others) to the Court authorised by law to hear appeals from original decrees of the Court passing the order, namely:-

3[(a) refusing to refer the parties to arbitration under section 8;

(b) granting or refusing to grant any measure under section 9;

(c) setting aside or refusing to set aside an arbitral award under section 34.]

(2) Appeal shall also lie to a Court from an order of the arbitral tribunal-

(a) accepting the plea referred to in sub-section (2) or sub-section (3) of section 16; or (b) granting or refusing to grant an interim measure under section 17.

2. Substituted by Act 33 of 2019, S.8, for “An appeal” (w.e.f. 30-8-2019).

3. Substituted by Act 3 of 2016, S. 20, for Cls. (a) and (b) (w.r.e.f. 23-10-2015).

(3) No second appeal shall lie from an order passed in appeal under this section, but nothing in this section shall affect or take away any right to appeal to the Supr