The Supreme Court in, NTPC LTD. v. VOITH HYDRO JOINT VENTURE, rejected the contentions of the Solicitor General Tushar Mehta who was appearing on behalf of the petitioners and sought reconsideration of judgements Union of India v. Varindera Constructions Ltd. and N.V. International v. State of Assam and others wherein it was held that no appeal under Section 37 of Arbitration & Conciliation Act, 1996 can be entertained by the Court beyond a maximum period of 120 days.
The Petitioners in the case filed the appeal for the award after 128 days and the Delhi High Court was forced to dismiss the same as barred by limitation. Aggrieved the petitioners approached the court. The Petitioners contended that the aforementioned judgements needed reconsideration as no time limit has been set up in Section 37 and therefore no limit could be set for the same.
Respondents were represented by Harish Salve who contended that taking into account the facts of the case, the court should not exercise their discretion in the matter. Counsel sought for dismissal of the petition while stating that no cogent reason was provided for the delay in filing the appeal.
After perusal of the records and arguments, the Apex court rejected the petition stating that no proper reason was given for the delay in the matter. Interestingly, the court also thought it appropriate to issue notice on the question of law involved in the aforementioned judgements regarding limitation with respect to filing an appeal under Section 37 of the Arbitration Act.
Case Details
Counsel for Petitioners- Mr. Tushar Mehta, SG Mr. Shailesh Madiyal, AOR Mr. Sudhanshu Prakash, Adv. Mr. Kanu Agarwal, Adv. Mr. Sarthak Bhardwaj, Adv.
Counsel for Respondents- Mr. Harish N. Salve, Sr.Adv. Mr. K.V.Vishwanathan, Sr.Adv. Mr. Rajiv Nayar, Sr.Adv. Mr. Omar Ahmad, Adv. Mr. Ishan Gaur, Adv. Mr. Vikram Shah, Adv. For M/S. Cyril Amarchand Mangaldas, AOR
Coram- HON'BLE MR. JUSTICE N.V. RAMANA, HON'BLE MR. JUSTICE SURYA KANT & HON'BLE MR. JUSTICE HRISHIKESH ROY
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