Shri Niranjan Roy vs The State Of Tripura
2024 Latest Caselaw 668 Tri

Tripura High Court

Shri Niranjan Roy vs The State Of Tripura on 1 May, 2024

Author: Arindam Lodh

Bench: Arindam Lodh

                                   Page 1 of 2




                        HIGH COURT OF TRIPURA
                              AGARTALA
            IA No.01/2024 in Commercial Appeal No.01 of 2024
                     Commercial Appeal No.01 of 2024
Shri Niranjan Roy
                                           .........Applicant/Appellant(s);
                                 Versus
The State of Tripura
                                                          .........Respondent(s).

For Applicant/Appellant(s) : Mr. S. Bhattacharjee, Advocate, Mrs. P. Chakraborty, Advocate.

For Respondent(s) : Mr. Kohinoor N. Bhattacharyya, G.A. HON'BLE THE CHIEF JUSTICE MR. APARESH KUMAR SINGH HON'BLE MR. JUSTICE ARINDAM LODH

Order 01/05/2024

IA No.01/2024 in Commercial Appeal No.01 of 2024

Respondent has entered appearance on notice through learned

Government Advocate Mr. Kohinoor N. Bhattacharyya. Learned counsel for

the applicant prays for condonation of delay of 71 days in preferring the instant

memo of appeal. The appeal arises out of a judgment dated 12.09.2023 passed

by learned Judge, District Commercial Court, West Tripura, Agartala in CM

(ARB) 09/2018 whereby the learned Court has rejected the challenge to part of

the impugned arbitral award under Section 34(2)(b) of the Arbitration and

Conciliation Act, 1996 as amended. The appeal is under Section 13 of the

Commercial Courts Act.

Learned counsel for the applicant submits that the applicant was

engaged in the treatment of his near relative in Chennai and returned in

October, 2023. Meanwhile Puja vacation started. Learned counsel for the

applicant had also gone to Bangalore for treatment and returned on 6th

November, 2023, but he was advised rest. Thereafter, the certified copy of the

order was obtained. Steps were taken by the applicant by approaching the

learned counsel in this Court for preparing and drafting the memo of appeal.

The appeal has been filed with a delay of 71 days which is not deliberate. As

such, he submits that even as per the ratio rendered in the case of Government

of Maharashtra (Water Resources Department) represented by Executive

Engineer v. Borse Brothers Engineers and Contractors Private Limited

reported in (2021) 6 SCC 460, the delay is not inordinate beyond the period of

60 days. Therefore, delay may be condoned.

Learned Government Advocate for the respondent-State has

opposed the prayer.

However, upon consideration of rival submission of the parties and

the explanations urged, we are of the considered view that the delay has been

properly explained. The delay is neither inordinate nor deliberate. As such, IA

No.01/2024 is allowed.

Commercial Appeal No.01 of 2024

Learned counsel for the appellant is permitted to add the relevant

provisions of the Arbitration and Conciliation Act, 1996 as amended in the

nomenclature of the instant memo of appeal during course of the day.

Admit.

Call for the lower Court records from the concerned Court.

Office to prepare Paper Book on receipt of the LCRs.

Matter be listed for hearing on 29.05.2024.

(ARINDAM LODH), J                                        (APARESH KUMAR SINGH), CJ


Pijush/

MUNNA SAHA   Digitally signed by MUNNA SAHA
             Date: 2024.05.03 11:27:38 +05'30'