Superintending Engineer (Mm) vs M/S Western Transformers And ...
2023 Latest Caselaw 709 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

          D.B. Civil Miscellaneous Appeal No. 3087/2022

Superintending Engineer (Mm)
                                                                  ----Appellant
                                   Versus
M/s Western Transformers And Equipment Pvt. Ltd.,
                                                                ----Respondent

For Appellant(s) : Mr. Bipin Gupta

HON'BLE THE CHIEF JUSTICE MR. PANKAJ MITHAL HON'BLE MR. JUSTICE SAMEER JAIN

Order

20/01/2023

There is delay of 14 days in filing this appeal.

Learned counsel for the appellant has tried to explain the

delay by submitting that under Section 13(1A) of the Commercial

Courts Act, 2015 (for short 'the Act of 2015), the limitation for

filing the appeal is 60 days, whereas under Section 37 of the

Arbitration and Conciliation Act, 1996 (for short 'the Act of 1996),

the limitation is 90 days.

Since the appeal is under Section 13(1A) of the Act of 2015

read with Section 37 of the Act of 1996, to be on safer side, an

application for condonation of delay has been moved.

Be that as it may, the appeal has been filed within the period

of 90 days which is the outer limit provided for filing the appeal

under Section 37 of the Act of 1996. The aforesaid Section 37 is

the substantive law under which the appeal has been preferred,

whereas Section 13 of the Act of 2015 is only procedural one and,

therefore, in our opinion, the provision for limitation provided

(2 of 2) [CMA-3087/2022]

under Section 37 of the Act of 1996 would prevail over the

procedural law.

In view of the above, there is no delay in filing the appeal.

The delay condonation application No.894/2022 stands disposed

of.

Issue notice to the respondents by registered post on the

memo of appeal as well as the stay application.

Until further orders of the Court, the proceedings before the

Arbitral Tribunal pursuant to the impugned judgment and order of

remand shall remain in abeyance.

                                   (SAMEER JAIN),J                                                  (PANKAJ MITHAL),CJ

                                   KAMLESH KUMAR/RAJAT/27









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