NIRANJAN ROY Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Respondent has entered appearance on notice through learned Government Advocate Mr. Kohinoor N. Bhattacharyya. Learned counsel for the applicant prays for condonation of delay of 71 days in preferring the instant memo of appeal. The appeal arises out of a judgment dtd. 12/9/2023 passed by learned Judge, District Commercial Court, West Tripura, Agartala in CM (ARB) 09/2018 whereby the learned Court has rejected the challenge to part of the impugned arbitral award under Sec. 34(2)(b) of the Arbitration and Conciliation Act, 1996 as amended. The appeal is under Sec. 13 of the Commercial Courts Act. Learned counsel for the applicant submits that the applicant was engaged in the treatment of his near relative in Chennai and returned in October, 2023. Meanwhile Puja vacation started. Learned counsel for the applicant had also gone to Bangalore for treatment and returned on 6/11/2023, but he was advised rest. Thereafter, the certified copy of the order was obtained. Steps were taken by the applicant by approaching the learned counsel in this Court for preparing and drafting the memo of appeal. The appeal has been filed with a delay of 71 days which is not deliberate. As such, he submits that even as per the ratio rendered in the case of Government of Maharashtra (Water Resources Department) represented by Executive Engineer v. Borse Brothers Engineers and Contractors Private Limited reported in (2021) 6 SCC 460, the delay is not inordinate beyond the period of 60 days. Therefore, delay may be condoned.

(2.) Learned Government Advocate for the respondent-State has opposed the prayer. However, upon consideration of rival submission of the parties and the explanations urged, we are of the considered view that the delay has been properly explained. The delay is neither inordinate nor deliberate. As such, IA No.01/2024 is allowed. Commercial Appeal No.01 of 2024 Learned counsel for the appellant is permitted to add the relevant provisions of the Arbitration and Conciliation Act, 1996 as amended in the nomenclature of the instant memo of appeal during course of the day. Admit. Call for the lower Court records from the concerned Court. Office to prepare Paper Book on receipt of the LCRs. Matter be listed for hearing on 29/5/2024.