STATE OF UTTARAKHAND Vs. BHARAT BHUMI BUILDERS

JUDGEMENT

(1.) The State has come up in the appeal against the order dtd. 28/4/2023, passed by the learned Commercial Court, whereby the award passed by the Arbitrator has been upheld.

(2.) At this stage, a reference can be made to an order passed by this Court in AO No. 406 of 2022, 'State of Uttarakhand and others Vs. Sandesh Kumar' and connected matter, dtd. 21/3/2024, where on account of the delay, the appeal filed by the State has been dismissed simply on the ground that the provisions of Limitation Act are to be followed very strictly in the arbitration proceedings.

(3.) One such judgment of the Division Bench of this Court was rendered in Appeal from Order No. 127 of 2021, 'State of Uttarakhand and others Vs M/s Hillways Constructions Company Pvt. Ltd.', decided on 7/3/2022, wherein after examining the provisions of Sec. 13(1A) of the Commercial Courts Act, which only provides condonation of delay of 30 days and 60 days, the application for condonation of delay of 85 days was dismissed, taking note of the judgment of Hon'ble Apex Court rendered in 'Government of Maharashtra (Water Resources Department) represented by Executive Engineer Vs Borse Brothers Engineers and Contractors Pvt. Ltd.', (2021) 6 SCC 460, wherein in para 63 it has been held as under: