Jharkhand High Court
The State Highways Authority Of ... vs Intercontinental Consultants & ... on 26 September, 2024
Author: Deepak Roshan
Bench: Deepak Roshan
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Commercial Appeal No. 07 of 2023
The State Highways Authority of Jharkhand through its Chief
Executive Officer, State Highways Authority of Jharkhand (SHAJ),
resident of Deendayal Nagar, Booty Road (Near office of Executive
Engineer, N.H. Ranchi Division), PO-Ranchi University, PS- Lalpur,
Ranchi-834008) ... ... ... ... ... ... Appellant
Versus
Intercontinental Consultants & Technocrats Pvt. Ltd. A-8, Green Park,
New Delhi-110016, India in association with M/s Espana Consultants
Pvt. Ltd. Delhi, Shop No.17 WZ-23, Jwalaheri, PO-Paschim Vihar, PS-
Paschim Vihar East, Delhi-110063 ... ... ... Respondent
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CORAM: HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE DEEPAK ROSHAN
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For the Appellant : Mr. Rajiv Ranjan, A.G.
: Mr. Ashutosh Anand, A.A.G.-III
: Mr. Sharad Kaushal, Advocate
For the Respondent : Mr. Ajit Kumar, Sr. Advocate.
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M. S. Ramachandra Rao, C.J. (Oral)
05/Dated: 26.09.2024
This application is filed by the appellant seeking condonation of
delay of 24 days in filing this appeal under Section 13 of the
Commercial Courts Act, 2015, challenging the order dated 16th March,
2024, passed by the learned A.J.C.-XIII-cum-P.O., Commercial Court,
Ranchi in Commercial Arbitration Case No. 04 of 2022, dismissing the
application filed under Section 34 of the Arbitration and Conciliation
Act, 1996 by the applicant.
2. In the application filed seeking condonation of delay, it is the
contention of the applicant that at the time of pronouncement of
judgment by the said Court, it was directed that free copy of a
judgment would be provided to both parties, but, it was not provided;
and thereafter, the applicant had to apply for the same on 18.04.2024
and the certified copy of the judgment was provided on 24.04.2024 by
the said Court.
3. This is not denied by the respondents and the last line in the
impugned judgment of the court below also corroborates the stand of
the appellant.
4. No doubt, the period of limitation for filing the appeal under
Section 13(1-A) is 60 days and the appeal was not filed within the said
period after obtaining of the certified copy on 24.04.2024 and it came
to be filed only on 04.07.2024, thereby, the delay of 24 days in filing
the appeal occurred.
5. In the application filed seeking condonation of delay, it is further
stated that the file was then put up before the Directorate after
securing the certified copy, and it was handed over to the
departmental retainer for drafting of statement of fact; and that it was
prepared on 10.06.2024 and was put up for approval. Later, the file
was again examined and it was decided that the file be put up before
the departmental retainer. Opinion was then taken of the retainer and
then further steps were taken which led to the filing of the appeal on
04.07.2024.
6. Though the respondents in this application have vehemently
opposed the condonation of delay and have also cited the judgment of
the Hon'ble Supreme Court in (2021) 6 SCC 460 [Government of
Maharashtra (Water Resources Department) represented by
Executive Engineer v. Borse Brothers Engineers and Contractors
Private Limited] we are of the opinion that as the delay in the instant
case is below the 60 days' period provided for filing of an appeal
under Section 13(1-A) of the Commercial Courts Act, and since the
appellant is the State Highways Authority of the State of Jharkhand
and the liability imposed on the applicant is substantial, in the interest
of justice, considering that the delay is not inordinate, the said period
of delay is condoned.
7. The application for condonation of delay is accordingly, allowed.
Commercial Appeal No. 07 of 2023
8. List this case for hearing of the stay petition (I.A. No. 7388 of
2024) on 24.10.2024.
9. The lower court record be forwarded to this Court by the said
date along with the arbitral record available with the concerned court.
(M. S. Ramachandra Rao, C.J.)
(Deepak Roshan, J.)
APK/RK
