UNION OF INDIA Vs. BHARAT CONSTRUCTION

JUDGEMENT

(1.) Heard Shri Manoj Kumar Singh, counsel for the appellant and Shri Sujeet Kumar, counsel for the respondents.

(2.) The instant appeal under Sec. 37 of the Arbitration and Conciliation Act, 19961 has been filed challenging the order dtd. 23/11/2021 passed by the Presiding Officer, Commercial Court, Moradabad, dismissing an application under Sec. 34 of the Act of 1996 in Arbitration Case No. 3 of 2021 (Union of India Vs. M/S Bharat Construction and another). The appeal is reported to be beyond time by 258 days. The appeal has been filed along with a delay condonation application supported by an affidavit, which application is first being taken up for consideration.

(3.) When the matter was listed on 20/10/2022, learned counsel for the respondent relied upon a judgement of the Supreme Court in the case of N.V. International Vs. State of Assam and others2 to contend that the delay in filing the aforesaid appeal cannot be condoned. He contended that the present appellate proceeding is in continuation of the original proceeding and the delay in filing this appeal would defeat the overall statutory purpose of arbitration proceedings which require that the proceedings be decided expeditiously. Learned counsel appearing for the appellant sought time to ascertain whether the aforesaid judgement of the Supreme Court still holds the field or not.