(1.) Leave granted. Delay condoned in SLP (C) Diary No. 18079 of 2020.
(2.) The substantial question of law which arises in these appeals is as to whether the judgment of a Division Bench of this Court in N.V. International v. State of Assam, (2020) 2 SCC 109 ["N.V. International"] lays down the law correctly. This Court followed its earlier judgment in Union of India v. Varindera Constructions Ltd., (2020) 2 SCC 111 ["Varindera Constructions"] and held as follows:
(3.) In two of the three appeals before us, i.e., Civil Appeal arising out of SLP (C) No. 665 of 2021 and Civil Appeal arising out of SLP (C) Diary No. 18079 of 2020, the High Courts of Bombay and Delhi vide judgments dated 17.12.2020 and 15.10.2019 respectively, dismissed the appeals filed by the Government of Maharashtra and by the Union of India respectively, refusing to condone the delay in the filing of the appeal under section 37 of the Arbitration and Conciliation Act, 1996 ["Arbitration Act"] beyond 120 days. So far as the Civil Appeal arising out of SLP (C) No. 15278 of 2020 is concerned, the High Court of Madhya Pradesh refused to follow the judgment of this Court in N.V. International (supra) stating that there is a conflict between this judgment and the judgment of a larger Bench of this Court reported in Consolidated Engg. Enterprises v. Irrigation Deptt., (2008) 7 SCC 169 ["Consolidated Engg."]. It was, therefore, held that it was open for the High Court to condone the delay applying section 5 of the Limitation Act, 1963 ["Limitation Act"] and, as a matter of fact, a delay of what was stated to be 57 days was condoned.
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