Delhi High Court
Union Of India vs M/S B.S Aggarwal & Anr on 13 February, 2020
$~1
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 13.02.2020
+ FAO 379/2019 & CM APPL. 41375/2019, CM APPL.
41376/2019, CM APPL. 41377/2019, CM APPL. 41378/2019
& CM APPL.41379/2019
UNION OF INDIA ..... Appellant
versus
M/S B.S AGGARWAL & ANR ..... Respondents
Advocates who appeared in this case:
For the Petitioner: Mr. Ashim Sood, Ms.Senu Nizar, Advocates.
For the Respondent: Mr.Adarsh Kumar Tiwari, Mr.T.K.Dibyanshu
Chaubey, Advocates for respondent No.1.
CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)
1. Appellant impugns order dated 06.12.2018 whereby the
objections filed by the appellant under Section 34 of the Arbitration &
Conciliation Act, 1996 (hereinafter referred to as the Arbitration Act)
impugning award dated 30.06.2011 were dismissed.
2. Subject appeal is an appeal filed under Section 37 of the
Arbitration Act. There is a delay of 50 days in filing of the appeal
beyond the statutory period of three months and a further delay of 81
days in re-filing of the appeal.
3. Learned counsel for the respondent who appears on advance
notice relies on the judgment of the Supreme Court in N.V.
International vs. State of Assam & Ors, 2019 SCC Online SC 1584 to
contend that under Section 5 of the Limitation Act, maximum period
that can be condoned in filing an appeal under section 37 of the
Arbitration Act is 30 days.
4. It is contended that since the appeal has been filed with a delay
of 50 days, the delay in filing of the appeal cannot be condoned under
Section 5 of the Limitation Act.
5. Learned counsel for the appellant submits that the judgment in
N.V.International (Supra) has been passed in the peculiar facts of the
case.
6. I am unable to accept the contention of learned counsel for the
appellant. The Supreme Court in N.V.International (Supra) has relied
on the earlier judgment of the Supreme Court in Union of India vs
Varindera Const. Ltd., SLP(C) 23155/2013 which was disposed of by
the Supreme Court vide its judgment dated 17.09.2018. The Supreme
Court specifically laid down as a principle of law that as the appellate
proceedings are continuation of the original proceedings any delay
beyond 120 days in filing of an appeal under Section 37 of the
Arbitration Act from an application being either dismissed or allowed
under Section 34 of the Arbitration Act should not be allowed as it
would defeat the overall statutory purpose of arbitration proceedings
being decided with utmost despatch.
7. The Supreme Court has specifically laid down that only a grace
period of 30 days could be condoned under Section 5 of the
Limitation Act.
8. In view of the fact that the subject appeal has been filed with a
delay of 50 days beyond the statutory permitted period of 90 days,
applying the principles of law as laid down by the Supreme Court in
N.V.International (Supra), the period of 50 days cannot be condoned.
9. Accordingly, the application seeking condonation of delay is
dismissed. Consequently, the application seeking condonation of
delay in refiling as well as the appeal are dismissed.
10. Order dasti under signatures of the Court Master.
SANJEEV SACHDEVA, J.
FEBRUARY 13, 2020
rk
