The State Of Madhya Pradesh vs M/S Shapers Construction Ltd
2021 Latest Caselaw 4319 MP

                                  1                                  AA-95-2019
        The High Court Of Madhya Pradesh
                    AA-95-2019
    (THE STATE OF MADHYA PRADESH AND OTHERS Vs M/S SHAPERS CONSTRUCTION LTD)

5
Jabalpur, Dated : 13-08-2021
      Heard through Video Conferencing.
      Ms. G.K. Patel, learned Advocate General for appellants.
      Shri Shekhar Sharma, learned counsel for respondent.

Appellants have filed an application, I.A No.14665/2019 for condonation of delay in filing this Arbitration Appeal.

The application is taken up for consideration. As per the report of Registry, appeal is barred by 197 days. Apex Court in the case of N. V. International vs. State of Assam and others, (2020) 2 SCC 109, had held that limitation as prescribed under section 34 is also applicable to Section 37 of Arbitration and Conciliation Act, 1996 and delay beyond period of 120 days cannot be condoned.

Apex Court in the case of N. V. International (supra) relied on judgment passed in Union of India vs. Varindera Constructions Ltd., (2018) 7 SCC 794. In Varindera's case, Apex Court affirmed judgment of

Division Bench dated 10.4.2013 of Delhi High Court. Division Bench of Delhi High Court held that since application under section 34 of Arbitration and Conciliation Act, 1996 has to be filed within maximum period of 120 days including grace period of 30 days, an appeal filed from the selfsame proceeding under section 37 should be covered by the same drill.

As Apex Court affirmed the findings of Delhi High Court, therefore, appeal under section 37 of Arbitration and Conciliation Act, 1996 ought to have been filed within period of 120 days and if delay is beyond period of 120 days then same cannot be condoned.

I n view of aforesaid judgment passed by Apex Court, I.A No.14665/2019 for condonation of delay beyond period of 120 days is dismissed.

2 AA-95-2019 Consequently, Arbitration Appeal filed by appellant/State is also dismissed.

(VISHAL DHAGAT) JUDGE

shabana Digitally signed by SHABANA ANSARI Date: 2021.08.13 17:42:41 +05'30'