NEW DELHI MUNICIPAL COUNCIL Vs. V3S INFRATECH LTD

JUDGEMENT

(1.) The appellant/NDMC is aggrieved by the judgment dated 22.11.2017, passed by the learned Single Judge dismissing a petition filed by it under Section 34 of the Arbitration and Conciliation Act, 1996 whereunder, a challenge was laid to an Arbitral Award dated 16.06.2017, passed by the Sole Arbitrator. In the said petition, the challenge to the Award was confined to the findings returned by the Sole Arbitrator in respect of Issues No. 11 & 15, which was turned down. Accompanying the present appeal are two applications for seeking condonation of delay of 12 days in filing and 59 days in re-filing the appeal (C.M. APPLs.46331/2019 & 46333/2019). However, Mr.Peechara, learned counsel for the appellant/NDMC fairly states that the delay in filing is of a much longer period of 417 days.

(2.) The impugned judgment having been rendered on 22.11.2017, an appeal could have been preferred under Section 37 of the Arbitration and Conciliation Act, 1996 within 60 days i.e. on or before 21.01.2018. However, the present appeal was presented in the Registry for the first time on 14.03.2019 and the same was returned under objections from time to time. If the period of delay is computed after excluding 60 days reckoned from 22.11.2017, there is a delay of 417 days. However, if the period of limitation is computed from 22.11.2017, then, the delay would be of 477 days.

(3.) The explanation offered in the application for seeking condonation of delay is that after the impugned judgment came to be passed, the matter was placed before the Council for a decision on 14.05.2019, but the said meeting was postponed. On 28.05.2018, the Council constituted a Committee to examine the matter. The Committee recommended that the Arbitral Award be accepted. However, the Council disagreed with the recommendation made by the Committee and directed that an inquiry be conducted by the CVO and the Chief Engineer (Electrical) whereafter, the Council directed that an appeal be filed. Though there is no date mentioned in the application as to when such a recommendation was made by the Council, learned counsel for the appellant states that it was sometime in the end of January, 2019.