Unknown vs M/S Devbhoomi Construction Pvt Ltd
2024 Latest Caselaw 906 UK

Uttarakhand High Court

Unknown vs M/S Devbhoomi Construction Pvt Ltd on 9 May, 2024

     IN THE HIGH COURT OF UTTARAKHAND
                AT NAINITAL
           HON'BLE THE CHIEF JUSTICE MS. RITU BAHRI
                             AND
             HON'BLE SRI JUSTICE RAKESH THAPLIYAL

                             09th May, 2024
            Appeal from Order No.182 OF 2024

State of Uttarakhand & others
                                                                ...Appellant
                                   Versus

M/s Devbhoomi Construction Pvt Ltd                            ...Respondent

Counsel for the appellant/ State    :   Mr. B.S.   Parihar,   learned   Standing
                                        Counsel.




JUDGMENT :

(per Ms. Ritu Bahri, C.J.)

The State has come up in the appeal against

the order dated 25.03.2023, passed by the learned

Commercial Court, whereby the award passed by the

Arbitrator has been upheld.

2. At this stage, a reference can be made to an

order passed by this Court in AO No. 406 of 2022, "State

of Uttarakhand & others Vs. Sandesh Kumar" and

connected matter, dated 21.03.2024, where on account

of the delay, the appeal filed by the State has been

dismissed simply on the ground that the provisions of Limitation Act are to be followed very strictly in the

arbitration proceedings.

3. One such judgment of the Division Bench of

this Court was rendered in Appeal from Order No. 127 of

2021, State of Uttarakhand & others Vs M/s Hillways

Constructions Company Pvt. Ltd., decided on

07.03.2022, wherein after examining the provisions of

Section 13(1A) of the Commercial Courts Act, which only

provides condonation of delay of 30 days and 60 days,

the application for condonation of delay of 85 days was

dismissed, taking note of the judgment of Hon'ble Apex

Court rendered in Government of Maharashtra

(Water Resources Department) represented by

Executive Engineer Vs Borse Brothers Engineers

and Contractors Pvt. Ltd., (2021) 6 SCC 460,

wherein in para 63 it has been held as under :

"Given the aforesaid and the object of speedy disposal sought to be achieved both under the Arbitration Act and the Commercial Courts Act, for appeals filed under section 37 of the Arbitration Act that are governed by Articles 116 and 117 of the Limitation Act or section 13(1-A) of the Commercial Courts Act, a delay beyond 90 days, 30 days or 60 days, respectively, is to be condoned by way of exception and not by way of rule. In a fit case in which a party has otherwise acted bona fide and not in a negligent manner, a short delay beyond such period can, in the discretion of

the court, be condoned, always bearing in mind that the other side of the picture is that the opposite party may have acquired both in equity and justice, what may now be lost by the first party's inaction, negligence or laches."

4. In the present case, the delay is of 315 days,

and keeping in view the detailed judgment passed by

this Court and no case for condoning the delay is made

out, the appeal is dismissed accordingly.

______________ RITU BAHRI, C.J.

___________________ RAKESH THAPLIYAL, J.

Dt: 09th May, 2024 NR/