MATHURA VRINDAVAN DEVELOPMENT Vs. M/S AGARWAL CONSTRUCTION

JUDGEMENT

(1.) Heard Sri Krishna Mohan Asthana, learned counsel for the appellant/ plaintiff and Sri Praveen Kumar Singh, learned counsel for the respondent/defendant on the delay condonation application filed along with arbitration appeal.

(2.) The arguments on the delay condonation application have been heard without calling for a counter affidavit to the delay condonation application in view of the fact that the counsel for the defendant had agreed to argue the delay condonation application without a counter affidavit as only a question of law was involved as to whether the limitation for filing the arbitration appeal would be counted as provided under the Commercial Courts Act, 2015 or as provided under the Arbitration and Conciliation Act, 1996 and whether this Court in either case has the power to condone the delay in filing the appeal.

(3.) The applicant- appellant has preferred this appeal against judgment and order dtd. 11/7/2023, formal order dtd. 14/7/2021 passed in Case No. 16 of 2021 (Mathura Vrindavan Development Authority through its Vice Chairman Vs. M/s. Agrawal Construction) filed under Sec. 34 of the Arbitration and Conciliation Act,1996.