| Content Provider | Supreme Court of India |
|---|---|
| e-ISSN | 30484839 |
| Language | English |
| Access Restriction | NDLI |
| Subject Keyword | 2015 1996:s. 37 – Commercial Courts Act Arbitration and Conciliation Act |
| Content Type | Text |
| Resource Type | Law Judgement |
| Jurisdiction | India |
| Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 Referred Case 10 Referred Case 11 Referred Case 12 Referred Case 13 Referred Case 14 Referred Case 15 Referred Case 16 Referred Case 17 Referred Case 18 |
| Case Type | Appeal |
| Court | Supreme Court of India |
| Disposal Nature | Appeal Disposed Off |
| Headnote | Arbitration and Conciliation Act, 1996:s. 37 – Commercial Courts Act, 2015 – Appealable orders – Limitation period for filing appeal – Condonation of delay in filing appeal u/s. 37 – Held: Object of speedy disposal is sought to be achieved both under the Arbitration Act and the CC Act, for appeals filed u/s. 37 of the 1996 Act that are governed by Arts, 116 and 117 of the Limitation Act or s. 13(1A) of the CC Act – s. 13(1A) of the CC Act lays down a period of limitation of 60 days uniformly for all appeals that are preferred u/s.37 of the Act – Delay beyond 90 days, 30 days or 60 days, respectively, is to be condoned by way of exception and not by way of rule – In a fit case in which a party has acted bona fide and not in a negligent manner, a short delay can be condoned – Expression “sufficient cause” is not elastic enough to cover long delays beyond the period provided by the appeal provision itself – Limitation Act, 1963 – Arts. 116 and 117. Limitation Act, 1963: s. 5 – Application of s. 5, to appeals u/ s. 37 of the 1996 Act and to s. 13(1A) of the CC Act – Held: s. 37 when read with s. 43 thereof, makes it clear that the provisions of the Limitation Act would apply to appeals filed u/s. 37 – Appeal u/ s. 37 where specified value within the meaning of the CC Act is below 3 lakhs, are governed by Arts. 116 and 117 – Arts. 116 and 117 of the Limitation Act provide for a limitation period of 90 days and 30 days, for appeal to a High Court or an intra-High Court appeal – Thus, s. 5 of the Limitation Act would apply to the said appeals, both by virtue of s. 43 of the 1996 Act and s. 29(2) of the Limitation Act – Arts. 116, 117, s. 29(2) – Commercial Courts Act, 2015. s. 5 – Application of, to appeals u/s. 13(1A) of the CC Act providing a uniform 60-day period of limitation – Held: A middle course to be adopted between the N.V. International’s case which does not allow condonation of delay beyond 30 days, and an open- ended provision in which any amount of delay can be condoned, provided sufficient cause is shown – Maxim ut res magis valeat quam pereat-liberal construction should be put upon written instruments, to be followed – Commercial Courts Act, 2015. Constitution of India – Art. 141 – Binding precedent – N.V. International v. State of Assam’s case applied the provisions of s. 5 of the Limitation Act and held that no condonation of delay could take place beyond 120 days – Whether the hard and fast rule applied by this Court in N.V. International’s case, is correct in law – Held: N.V. International’s case while determining limitation period for filing appeal u/s. 37 did not notice the provisions of the CC Act at all and can be said to be per incuriam on this count - Period of 90 days plus 30 days and not thereafter mentioned in s. 34(3) of the 1996 Act cannot now apply, the limitation period for filing of appeals under the CC Act being 60 days and not 90 days – Thus, N.V. International’s case has been wrongly decided and is overruled – Arbitration and Conciliation Act, 1996 – ss. 37 and 34(3) – Commercial Courts Act, 2015 |
| Judge | Hon'ble Mr. Justice R.F. Nariman |
| Neutral Citation | 2021 INSC 194 |
| Petitioner | Government Of Maharashtra (water Resources Department) Represented By Executive Engineer |
| Respondent | M/s Borse Brothers Engineers & Contractors Pvt. Ltd. |
| SCR | [2021] 3 S.C.R. 193 |
| Judgement Date | 2021-03-19 |
| Case Number | 995 |
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