The Railway Board vs A.C .C. Limited A Public ...
2023 Latest Caselaw 17801 MP

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                            IN    THE     HIGH COURT OF MADHYA PRADESH
                                               AT JABALPUR
                                                     BEFORE
                                         HON'BLE SHRI JUSTICE SHEEL NAGU
                                                        &
                                          HON'BLE SHRI JUSTICE HIRDESH
                                            ON THE 26 th OF OCTOBER, 2023
                                          ARBITRATION APPEAL No. 4 of 2022

                           BETWEEN:-
                           1.    THE RAILWAY BOARD THROUGH ITS CHAIRMAN
                                 RAILWAY BOARD RAIL BHAWAN A BOARD
                                 INCORPORATED UNDER THE PROVISIONS OF
                                 RAILWAY BOARD ACT 1905 RAIL BHAWN NEW
                                 DELHI (DELHI)

                           2.    WEST CENTRAL RAILWAY THROUGH CHIEF
                                 COMMERCIAL      MANAGER HEAD QUARTER
                                 OFFICER INDIRA MARKET, JABALPUR (MADHYA
                                 PRADESH)

                           3.    CHIEF MARKETING AND SALES MANAGER
                                 DEPT.OF    RAILWAY    THROUGH     CHIEF
                                 COMMERICAL MANAGER (FM) HEAD QUARTER
                                 OFFICER INDIRA MARKET, JABALPUR (MADHYA
                                 PRADESH)

                                                                                  .....APPELLANT
                           (BY SHRI PUSHPENDRA YADAV - ADVOCATE )

                           AND
                           A.C .C. LIMITED A PUBLIC INCORPORATED LIMITED
                           COMPANY UNDER THE COMPANIES ACT 1956
                           THROUGH HAVING ITS REGISTERED HOUSE , 121
                           OFFICE AT CEMENT MAHARSHI KARVE ROAD
                           MUMBAI CEMENT FACTORY LOCATED AT KYMORE
                           KNOWN AS KYMORE CEMENT WORKS DISTRICT
                           KATNI (MADHYA PRADESH)

                                                                                 .....RESPONDENT
                           (BY SHRI RAHUL MISHRA - ADVOCATE )

                                 This appeal coming on for admission this day, Justice Sheel Nagu

Signature Not Verified
Signed by: AKANKSHA
MAURYA
Signing time: 30-10-2023
12:45:06
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                           passed the following:
                                                                ORDER

This arbitration appeal is filed with delay of 957 days for condonation of which I.A. No.11764/2023 has been moved.

Learned counsel for the rival parties are heard on the aforesaid I.A. A bare perusal of the I.A. reveals that the copy of the impugned order was received in April, 2019 by the appellant and handed over to appellant by their counsel with his opinion. I.A. further reveals that the certified copy of the impugned order was misplaced by the Chief Law Assistant and therefore could not be forwarded to the concerned authority. Thereafter, online copy of the order uploaded on the website was downloaded by Chief Law Assistant and

was placed before the competent authority for approval. Competent authority being dissatisfied with the opinion, sought another one.

Thereafter Chief Law Assistant was transferred and new Chief Law Assistant joined who was not aware of concerned file.

The new Chief law Assistant on being aware of the file perused the same and made efforts to obtain sanction from the authorities. I.A. further reveals that Chief Law Assistant after obtaining fresh opinion put up the matter before the competent authority which in turn decided to file appeal and thereafter case was sent to Law Department, which in July, 2019 asked the Commercial Department to proceed with the filing of appeal. I.A. also reveals that the appeal was drafted and was sent for approval to the competent authority and Law Department. Law Department granted approval in October, 2019 but due to inadvertence the approval could not be intimated to the counsel for Railway and therefore, the case remained unattended till the advent of Covid-19 Pandemic in March 2020. In I.A. it is further alleged that this case came to the Signature Not Verified Signed by: AKANKSHA MAURYA Signing time: 30-10-2023 12:45:06

knowledge of Chief Law Assistant in December, 2021 whereafter the present appeal was filed in January, 2022.

From the aforesaid, it is obvious that there is no explanation as regard the delay which took place from October, 2019 till March, 2020 (nearly six months).

Earlier, appellant had moved two I.As bearing No. 2047/2022 and I.A. No.211/2023 which were withdrawn with liberty to file properly constituted application with better particulars.

From the aforesaid, it is obvious that the better particulars to explain delay as expected by this Court have not yet come on record. Time gap between October, 2019 till March, 2020 remains unexplained. In view of the Judgment of Supreme Court in the case of Government of Maharashtra (Water Resources Department) Represented by Excutive Engineer Vs. Borse Brothers Engineers and Contractors Private Limited (2021) 6 SCC, it is clear that in the absence of any reasonable explanation for the delay this Court declines to condone the delay.

I.A. No. 11764/2023 an application for condonation of delay is rejected. Accordingly, present appeal stands dismissed as barred by limitation.

                             (SHEEL NAGU)                                                     (HIRDESH)
                                JUDGE                                                           JUDGE
                           Akm




Signature Not Verified
Signed by: AKANKSHA
MAURYA
Signing time: 30-10-2023
12:45:06