UNION OF INDIA Vs. INCOM CABLES (PVT.) LTD.

JUDGEMENT

(1.) This application seeks condonation of a delay of 34 days in the filing of the accompanying appeal under Sec. 37 of the Arbitration and Conciliation Act, 1996, against the order of the District Judge dismissing its petition under Sec. 34 of the Act. The appeal has also been filed under Sec. 13 (1A) of the Commercial Courts Act, 2015. The latter provision reads inter alia as under:

(2.) An order of a Commercial Court at the level of District Judge can be impugned before the Commercial Division of this court only within a period of 60 days. Admittedly, the present appeal was filed on 1/7/2022 i.e. after 122 days of the impugned order dtd. 28/2/2022. In the circumstances, condonation of delay should have been sought for 62 days and not mere 34 days. The period of 60 days, from the date of the impugned order, expired on 29/4/2022. This court closed for the Summer Vacations on 3/6/2022. Effectively before the vacations, the appellant had at least 35 days to file the Sec. 37 appeal, along with an application for condonation of such delay as may have been occastioned due to 'sufficient cause'. The appellant did not do so. Instead it filed the appeal on 1/7/2022.

(3.) In State of Maharashtra (Water Resources Department) vs. Borse Brothers Engineers and Contractors Pvt. Ltd. (2021) 6 SCC 460 it was held that preferring a petition under Sec. 34 of the Arbitration and Conciliation Act, 1996, the period of 120 days on the outer side is fixed and not extendable, especially because of the proviso to Sec. 34(3) of the Act which reads as under: