STATE OF UTTARAKHAND Vs. SCIW-VKGA

JUDGEMENT

(1.) The State has come up in appeal against the impugned order dtd. 27/6/2023, passed by learned Additional District Judge, Commercial Court, Dehradun, in Arbitration Case No. 01 of 2022, whereby the claim of the appellants-State was rejected, and the award passed by the Arbitrator has been upheld.

(2.) There is a delay of 77 days in filing the present appeal. The case of the appellants is that after the order dtd. 27/6/2023, a request was sent to the office of Chief Engineer and Head of the Department (HOD), Public Works Department, Dehradun to seek directions from the level of the Government. Copy of letter is dtd. 3/8/2023 (Annexure No. 1 to the affidavit accompanying the delay condonation application). Thereafter, vide letters dtd. 21/8/2023 and 22/8/2023 (Annexure Nos. 2 and 3) permission was granted to file the appeal. Time was taken for getting in touch with the Chief Standing Counsel, High Court of Uttarakhand, campus Nainital, and thereafter vide letter dtd. 28/8/2023 (Annexure No. 4) permission was granted to file the appeal, and information was thereafter sent on 29/8/2023 to the Chief Standing Counsel, Uttarakhand Government. It has been stated that the time taken in said process caused the delay in filing the appeal.

(3.) The impugned order was passed on 27/6/2023, and the present appeal was filed on 12/12/2023. After the limitation expired, the delay is 77 days in filing the present appeal.