Delhi High Court
India Waste Energy Development ... vs Govt Of Nct Of Delhi & Anr on 5 February, 2020
$~40
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 05.02.2020
+ FAO 58/2020
INDIA WASTE ENERGY DEVELOPMENT LTD ...Appellant
versus
GOVT OF NCT OF DELHI & ANR ..... Respondents
Advocates who appeared in this case:
For the Appellant: Mr. Manashwy Jha, Advocate.
For the Respondents: Mr. Ramesh Singh, Standing Counsel GNCTD with
Ms. Tejra Narula and Mr. Ishan Agrawal, Advs.
CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)
CM APPL.4626/2020 (exemption)
Exemption is allowed subject to all just exceptions.
CM APPL.4628/2020 (for condonation of delay in re-filing)
1. Appellant, by the present application, seeks condonation of
delay of 7 days in re-filing of the appeal.
2. It is contended that the appeal was originally filed within time,
however, certain objections were raised by the Registry and it took
some time for the Director of the appellant Company to collect the
complete Trial Court record. It is also contended that the Director of
the appellant Company is a senior citizen suffering from different
medical conditions, as such, it took some time in collecting the record
and removing the objections.
3. For the reasons stated in the application, the application is
allowed. Delay of 7 days in re-filing of the appeal is condoned.
FAO 58/2020 & CM APPL.4627/2020 (seeking summoning of
Trial Court Record)
1. Appellant impugns order dated 03.10.2019, whereby, objection
petition filed by the appellant has been dismissed on the ground of
limitation as also on merits.
2. Appellant had filed objections under section 34 of the
Arbitration & Conciliation Act, 1996 (hereinafter referred to as the
Act) challenging the award dated 06.04.2017 to a limited extent that it
awarded a lesser amount than the amount claimed by the appellant.
3. The Trial Court has noticed that the original signed copy of the
Award dated 06.04.2017 was received by the Director of the appellant
on 14.04.2017.
4. In terms of Section 34(3) of the Arbitration & Conciliation Act,
an application for setting aside of the Award may be made within
three months of the date on which the signed copy of the Award was
received. If we exclude 14.04.2017, the date on which the signed copy
was received, the application under Section 34 of the Arbitration &
Conciliation Act had to be filed by 14.07.2017. Thereafter, in terms
of proviso to Section 34(3) of the Arbitration & Conciliation Act, if
sufficient cause is shown, the Court can entertain an application, filed
by an objector, within a further period of 30 days.
5. Since the July has 31 days, if extended period of 30 days is
taken into account, the objections should have been filed by
13.08.2017, which was a Sunday. 14.08.2017, being a working day,
the application could have, on showing sufficient cause, be filed latest
by 14.08.2017 but the objections were filed on 16.08.2017. This was
even beyond the extendable period of 30 days from the three months
stipulated period provided in Section 34(3) of the Act.
6. The Supreme Court in Union of India vs. Popular Construction
Company: 2001 (8) SCC 470 has specifically held that the history and
scheme of the Act support the conclusion that the time limit
prescribed under Section 34 to challenge an Award is absolute and
unextendable by Court under Section 5 of the Limitation Act.
7. Accordingly, I find no infirmity in the view taken by the Trial
Court in holding that the objections filed by the appellant were
beyond the prescribed period of limitation.
8. However, it is noticed that the Trial Court after holding that the
objections are beyond the statutory period of limitation has even
considered the merits of the case. The Trial Court after holding that
the objections were beyond limitation should not have commented
upon the merits of the claims of the Appellant. In view of the same,
the merits of the case of the appellant are not being commented upon.
9. I find no merit in the appeal. Appeal is, accordingly, dismissed.
10. Order Dasti under signatures of the Court Master.
SANJEEV SACHDEVA, J
FEBRUARY 05, 2020
st
