Union Of India vs B. B. Senapati

Arindam Sinha, J

I.A. no.4 of 2020 and ARBA no.7 of 2020

Mr. Pradhan, learned advocate appears on behalf of applicant/appellant and submits, I.A. no.4 of 2020 is application for condonation of delay. He submits, delay in filing the appeal is of 22 days. It be condoned and the appeal be admitted.

Mr. Mohanty, learned advocate appears on behalf of respondent and relies on judgment of the Supreme Court in Union of India v. Varindera Const. Ltd., reported in (2020) 2 SCC 111, paragraph 3 (from manupatra print). He submits, impugned judgment is dated 18th October, 2019. The appeal was presented on 18th February, 2020. The delay, therefore, is more than 120 days.

Paragraph-4 in Varindera Const. Ltd. (supra) (from manupatra print) is reproduced below.

“4. Given the fact that an appellate proceeding is a continuation of the original proceeding, as has been held in Lachmeshwar Prasad Shukul and Ors. v. Keshwar Lal Chaudhuri and Ors. MANU/FE/0002/1940 : AIR 1941 Federal Court 5, and repeatedly followed by our judgments, we feel that any delay beyond 120 days in the filing of an appeal Under Section 37 from an application being either dismissed or allowed Under Section 34 of the Arbitration and Conciliation Act, 1996 should not be allowed as it will defeat the overall statutory purpose of arbitration proceedings being decided with utmost despatch.”

Stamp reporter has reported delay of 22 days. It is far less than 120 days. Above reproduced paragraph 4 says, any delay beyond 120 days in the filing of an appeal under section 37, should not be allowed. Delay has to be reckoned after allowing the permissible time limits. That has been done by the Stamp Reporter on result that period of delay is 22 days.

Perused causes shown for the delay. The causes are found to be satisfactory and, therefore, the delay is condoned.

I.A. no.4 of 2020 is disposed of.

List the appeal on 9th May, 2022.

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