ASHES DEB Vs. STATE OF TRIPURA

JUDGEMENT

(1.) The primary question involved in these two appeals is whether an application under Sec. 34 of the Arbitration and Conciliation Act, 1996, as amended (for short, the Act) before the learned Commercial Court, West Tripura, Agartala was barred by the delay being beyond the period of three months and thirty days in terms of Sec. 34(3) of the Act and its proviso.

(2.) The appellant is a contractor who has raised three more grounds of challenge in the present appeal preferred under Sec. 37(1)(c) of the Act read with Sec. 13(1-A) of the commercial Courts Act, 2015 (hereinafter referred to as the Act of 2015), i.e. (ii) Whether the learned Commercial Court, West Tripura at Agartala had the jurisdiction to entertain a petition under Sec. 34 of the Act as the subject matter of the dispute pertains to Longtharai Valley which is in Dhalai District? (iii) Whether the Court of Additional District Judge, West Tripura at Agartala would be the competent court as prescribed under Sec. 2(1)(e) of the Act read with Sec. 10 of the Act of 2015? and (iv) whether the explanations offered by the respondent seeking condonation of delay constitute sufficient cause to condone the delay?

(3.) In order to appreciate the issues at hand the relevant facts of both the appeals are being chronicled in a brief manner hereinafter. In Arbitration Appeal No.5 of 2023, the appellant was appointed for execution of works contract, namely, construction of RCC Bridge (under RIDF-XIV) on Chailengta-Chawmanu road (i) over local Durgacherra at chainage 6.85 km Job No.TP/COM/258/08-09, (ii) over local Gurucharancherra at Chainage 8.35 km (Job No.TP/COM/259/08-09, (iii) Over local Hezacherra at Chainage 9.35 km (Job No. TP/COM/260/08-09. On account of a dispute which arose during the execution of the agreement, the respondent employer terminated the contract on December 11, 2018.