Union Of India vs M/S Mk Infrastructure (P) Ltd
2024 Latest Caselaw 69 Sikkim

Sikkim High Court

Union Of India vs M/S Mk Infrastructure (P) Ltd on 4 July, 2024

Bench: Chief Justice, Bhaskar Raj Pradhan

                                                                      COURT NO.1
                       HIGH COURT OF SIKKIM : GANGTOK
                              Record of Proceedings



                                IA NO. 01/2024
                                       IN
                              Arb. A. No. 04/2024

UNION OF INDIA                                             APPELLANT (S)
                                     VERSUS
M/S MK INFRASTRUCTURE (P) LTD.                             RESPONDENT (S)


For Appellant           :     Ms. Sangita Pradhan, Deputy Solicitor General of
                              India with Ms. Natasha Pradhan, Advocate.

For Respondent          :     Mr. Karma Tshering Tamang, Advocate.


Date: 04/07/2024

CORAM:
    HON'BLE MR. JUSTICE BISWANATH SOMADDER, CHIEF JUSTICE
    HON'BLE MR. JUSTICE BHASKAR RAJ PRADHAN, JUDGE
                              ...

ORDER :

(per the Hon'ble, the Chief Justice)

Let the report of the Stamp Reporter together with the report filed by the

learned Registrar in the Court, pursuant to our order dated 15th May, 2024, be

kept on record.

It appears that the Registry, while permitting filing of the instant

Arbitration Appeal, did not take notice of the judgment of the Hon'ble Supreme

Court rendered in the case of Government of Maharashtra (Water Resources

Department) Represented by Executive Engineer vs. Borse Brothers

Engineers and Contractors Private Limited in (2021) 6 SCC 460. In other

words, the Registry ought to have taken notice of the fact that in the instant

case, the period of limitation was sixty (60) days and beyond that period, the

Arbitration Appeal ought to have been filed accompanied by an application under

Section 5 of the Limitation Act, 1963.

Since the said application has been filed under section 5 of the Limitation

Act, 1963 and having heard the learned advocates for the parties and upon

perusing the instant application for condonation of delay, it appears that

COURT NO.1 HIGH COURT OF SIKKIM : GANGTOK Record of Proceedings

sufficient cause has been shown in order to explain the delay in filing of the

appeal, the delay is condoned.

The application for condonation of delay is, accordingly, allowed.

The appeal will appear under an appropriate heading three (3) weeks after

the monsoon break.

                 (Bhaskar Raj Pradhan)                      (Biswanath Somadder)
                        Judge                                    Chief Justice
jk /bp/avi/ami