Gammon Engineers And Contactors ... vs Srmb Srijan Private Ltd. And Ors
2023 Latest Caselaw 687 Cal/2

   ORDER                                                           OCD-2

                             APOT/58/2023
                                 WITH
                              CS/183/2022
                     IA NO: GA/1/2023, GA/2/2023
                   IN THE HIGH COURT AT CALCUTTA
                    CIVIL APPELLATE JURISDICTION
                            ORIGINAL SIDE

        GAMMON ENGINEERS AND CONTACTORS PRIVATE LTD.
                          VERSUS
             SRMB SRIJAN PRIVATE LTD. AND ORS.


  BEFORE:
  THE HON'BLE JUSTICE HARISH TANDON
  THE HON'BLE JUSTICE PRASENJIT BISWAS
  [COMMERCIAL DIVISION]
  Date : 16th March 2023.
                                                               APPEARANCE:
                                         Mr. Suddhasatva Banerjee, Advocate
                                                 Mr. Prantik Garai, Advocate
                                        Mr. Ramanuj Roy Choudhuri, Advocate
                                                          ...for the appellant
                                                      Mr. Sakya Sen, Advocate
                                                     Mr. Arnab Das, Advocate
                                               Mr. Amritam Mondal, Advocate
                                               Ms. Epsita Banerjee, Advocate
                                              Mr. V. K. Chakraborty, Advocate
                                                     Mr. A. K. Yadav, Advocate
                                                            ...for the petitioner

                                                    Mr. Aryak Dutta, Advocate
                                               Ms. Nilanjana Adhya, Advocate
                                                  Mr. Dipankar Das, Advocate
                                             ...for the respondent nos. 1 and 2

The Court:- This application for condonation of delay of 32 days has

been taken out on the basis of the calculation made by Assistant

Registrar, High Court, Original Side.

We have perused the calculation of limitation by the department and

we are not agreeable with the notions perceived by the said officer without

looking into the provisions of Commercial Courts Act, 2015. The

computation of limitation has been done taking into account that the

period of limitation for filing an appeal is 30 days which is opposed to

Section 13(1) of the Commercial Courts Act, 2015. The moment the

appeal is filed before the Commercial Appellate Division in terms of

Section 13(1) of the said Act, the special period of limitation provided

therein is to be adhered to. The officer should be careful in giving a

certificate relating to computation of limitation in future.

Since Section 13(1) of the Act provides a period of 60 days which is

from the date of the judgment or the order for the purpose of filing an

appeal before the Commercial Appellate Division, the normal period of

limitation of 30 days is unwarranted.

After perusing the date of the judgment and the date of presentation

of the instant memorandum of appeal, we find that there is a delay of two

days. After perusing the averments made in the application and the

explanations offered for such delay, we are satisfied that the petitioner

was prevented by sufficient cause in not preferring the appeal within the

time stipulated in the said Act. The delay is hereby condoned.

The office is directed to formally register the appeal.

The application is, thus, disposed of.

A preliminary objection has been raised as to the maintainability of

the instant appeal because of the embargo having been created under

Section 13 of the Commercial Courts Act, 2015.

Learned advocate for the appellant prays for an accommodation to

work on the said preliminary objection.

In view of the above, let this matter be listed on 21st March, 2023 to

be taken up as a first matter.

(HARISH TANDON, J.)

(PRASENJIT BISWAS, J.)

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