Allahabad High Court
Smt. Rekha Agnihotri vs District Judge And 3 Others on 19 March, 2021
Bench: Saumitra Dayal Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 38
Case :- APPEAL UNDER SECTION 37 OF ARBITRATION AND CONCILIATION ACT 1996 DEFECTIVE No. - 31 of 2021
Appellant :- Smt. Rekha Agnihotri
Respondent :- District Judge And 3 Others
Counsel for Appellant :- Raj Kumar Dhama,Ray Sahab Yadav
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Arunesh Kumar Singh, learned counsel for the appellant and Sri Nand Kumar Shukla, learned counsel holding brief of Sri Rajnish Kumar Jaiswal, learned counsel for the respondents.
2. Present appeal has been filed under Section 37(1) of the Arbitration & Conciliation Act, 1996 (hereinafter referred to as the 'Act') against the order dated 19.02.2018 passed by learned District Judge, Jhansi in Misc. Case No.41 of 2011 (Smt. Rekha Agnihotri Vs National Highway Authority of India & Others). By that order, the learned District Judge, Jhansi has rejected the objections filed by the appellant under Section 34 of the Act, arising from the award of the learned arbitrator dated 27.07.2011. The present appeal was first presented before this Court on 06.03.2021 carrying a delay of 1006 days. Even if the delay for the period 15.03.2020 to 14.03.2021 is to be ignored, still the present appeal is hopelessly beyond time, it having been filed well after 120 days from the date of service of the order dated 19.02.2018, which date is disclosed to be 01.12.2018 (on the certified copy of the order dated 19.02.2018, appended to this appeal).
3. In M/s N.V. International Vs. The State of Assam & Ors.; (2020) 2 SCC 109, the Supreme Court followed its earlier decision in Union of India Vs. Varindera Construction Ltd. passed in SLP (C) No. 23155 of 2013, decided on 17.09.2018. Following that decision, the Supreme Court has observed as under:
"5. We may only add that what we have done in the aforesaid judgment is to add to the period of 90 days, which is provided by statute for filing of appeals under Section 37 of the Arbitration Act, a grace period of 30 days under Section 5 of the Limitation Act by following Lachmeshwar Prasad Shukul & Ors. (supra), as also having regard to the object of speedy resolution of all arbitral disputes which was uppermost in the minds of the framers of the 1996 Act, and which has been strengthened from time to time by amendments made thereto. The present delay being beyond 120 days is not liable, therefore, to be condoned.
6. Accordingly, the appeal is dismissed."
4. In view of the above, deficiency of court fee is overlooked at this stage.
5. In view of the facts noted above and no contrary law having been shown by the State, the objection filed under Section 34 of the Act were wholly beyond limitation prescribed. The delay was beyond time of condonation. The appeal is accordingly dismissed.
Order Date :- 19.3.2021
S.Chaurasia
