NATIONAL PROJECT CONSTRUCTION Vs. SADHU SINGH & CO

JUDGEMENT

(1.) The appellant assails the order dated 28.03.2012 passed by the learned single Judge in CS(OS) 1421A/2006 dismissing the objections preferred by the appellant, National Projects Construction Limited (NPCC) under Sections 30 and 33 of the Arbitration Act, 1940 (the Act) to the award dated 05.06.2006. The refilling of the appeal is delayed by 67 days and the appellant has filed C.M. No.15734/2012 for seeking condonation of delay. C.M. No.15733/2012 has been filed to seek stay of the impugned order.

(2.) We have heard learned senior counsel for the appellant. We do not find any justification for condonation of delay of 67 days in refiling of the appeal. The only reason contained in the application is stereotype, i.e. the dislocation of the original file in the office of the advocate. It is not disclosed as to when and how the file got dislocated and when and how it was relocated. The application is not even supported by the affidavit of the appellant's counsel. We fail to appreciate how the General Manager of the appellant could claim any personal knowledge of such facts. We may also note that in cases involving objections to an arbitral award, the law prescribes a strict period of limitation, and delay even in the matter of filing of objections to an award cannot be condoned for a period beyond thirty days. On the same principle, in our view, delay in filing or refiling of appeal arising out of an order dismissing objections to an award cannot be taken lightly, as it seriously prejudices the rights of the award holder.

(3.) We have observed in the case of Union of India v. Jia Lall Kishori Lall (P) Ltd. & Anr. (FAO(OS) 334/2012) decided on 27.07.2012 as follows: