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 Additional District Judge/ Commercial Court, Dehradun in Arbitration Case Nos. 163/2019 and 164/2019, whereby the award passed by the Arbitrator has been upheld.

(2.) At this stage, a reference can be made to the order passed by this Court in State of Uttarakhand and others v. Sandesh Kumar (AO No. 406 of 2022 and connected cases) 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 the 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 State of Uttarakhand and others v. M/s Hillways Constructions Company Pvt. Ltd. (A.O. No. 127 of 2021), decided on 7/3/2022, wherein, after examining the provisions of Sec. 13(1A) of the Commercial Courts Act, 2015, which only provides for 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 Supreme Court in Government of Maharashtra (Water Resources Department) Represented by Executive Engineer v. Borse Brothers Engineers and Contractors Private Limited, (2021) 6 SCC 460, wherein, in paragraph no. 63, it has been held as under :