(Rohinton Fali Nariman and Indu Malhotra, JJ.)
Union of India ______________________________________ Petitioner;
v.
Varindera Const. Ltd. ______________________________ Respondent.
Petition(s) for Special Leave to Appeal (C) No(s). 23155/2013, decided on September 17, 2018
With
SLP(C) No. 24471/2013 (XIV) (For Exemption From Filing C/C of the Impugned Judgment on IA 1/2013)
The Order of the court was delivered by
Order
1. Heard the learned Counsel appearing for the parties.
2. By a judgment dated 19.04.2018 in Union of India v. Varindera Constructions Ltd.1, this Court has in near identical facts and circumstances allowed the appeal of the Union of India in a proceeding arising from an Arbitral Award.
3. Ordinarily, we would have applied the said judgment to this case as well. However, we find that the impugned Division Bench judgment dated 10.04.20132 has dismissed the appeal filed by the Union of India on the ground of delay. The delay was found to be 142 days in filing the appeal and 103 days in refiling the appeal. One of the important points made by the Division Bench is that, apart from the fact that there is no sufficient cause made out in the grounds of delay, since a Section 34 application has to be filed within a maximum period of 120 days including the grace period of 30 days, an appeal filed from the self-same proceeding under Section 37 should be covered by the same drill.
4. Given the fact that an appellate proceeding is a continuation of the original proceeding, as has been held in Lachmeshwar Prasad Shukul v. Keshwar Lal Chaudhuri3, and repeatedly followed by our judgments, we feel that any delay beyond 120 days in the filing of an appeal under Section 37 from an application being either dismissed or allowed under Section 34 of the Arbitration and Conciliation Act, 1996 should not be allowed as it will defeat the overall statutory purpose of arbitration proceedings being decided with utmost despatch.
5. In this view of the matter, since even the original appeal was filed with a delay period of 142 days, we are not inclined to entertain these Special Leave Petitions on the facts of this particular case.
6. The Special Leave Petitions stand disposed of accordingly.
7. Pending applications, if any, also stand disposed of.
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1 (2018) 7 SCC 794
2 Union of India v. Varindera Constructions Ltd., FAO (OS) No. 176 of 2013, order dated 10-4-2013 (Del)
3 1940 SCC OnLine FC 10 : AIR 1941 FC 5
