Case Note & Summary
The present appeal was filed under Section 37 of the Arbitration and Conciliation Act, 1996 read with Section 13(1-A) of the Commercial Courts Act, 2015, challenging the judgment and order dated 28.09.2022 passed by the LXXXV Additional City Civil and Sessions Judge, Bengaluru (CCH-86) in Com.A.P.No.41/2022, which had dismissed a petition under Section 34 of the Arbitration and Conciliation Act, 1996 challenging an arbitral award dated 31.01.2022. The appellant, Sri L. Vivekananda, was the claimant in the arbitration proceedings. The respondents were M/s Handy 101 Solutions and Service Pvt. Ltd. and Mr. Peter Pushparaj. The appeal was accompanied by an application under Section 5 of the Limitation Act, 1963 seeking condonation of 85 days delay in filing the appeal. The Court considered the application for condonation of delay and found that the explanation offered by the appellant was not satisfactory and did not constitute sufficient cause within the meaning of Section 5 of the Limitation Act. Consequently, the delay was not condoned and the appeal was dismissed as time-barred. The Court did not examine the merits of the appeal.
Headnote
A) Limitation Act - Condonation of Delay - Section 5 - Sufficient Cause - The appellant sought condonation of 85 days delay in filing appeal under Section 37 of Arbitration and Conciliation Act, 1996. The Court held that the explanation for delay was not satisfactory and no sufficient cause was shown. The appeal was dismissed as time-barred. (Paras 1-3)
Issue of Consideration
Whether the delay of 85 days in filing the appeal under Section 37 of the Arbitration and Conciliation Act, 1996 should be condoned under Section 5 of the Limitation Act, 1963.
Final Decision
The High Court of Karnataka dismissed the appeal as time-barred, refusing to condone the delay of 85 days.
Law Points
- Limitation Act
- 1963
- Section 5
- Condonation of delay
- Sufficient cause
- Arbitration and Conciliation Act
- 1996
- Section 37
- Commercial Courts Act
- 2015
- Section 13(1-A)
- Delay of 85 days
- No sufficient cause
Case Details
2026 LawText (KAR) (04) 3
Hon'ble Mrs. Justice Anu Sivaraman, Hon'ble Ms. Justice Tara Vitasta Ganju
Sri. Sampath A. (for appellant), Sri. Vasanth V. Fernandes (for respondents)
M/s. Handy 101 Solutions and Service Pvt. Ltd. and Mr. Peter Pushparaj
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Nature of Litigation
Commercial appeal under Section 37 of the Arbitration and Conciliation Act, 1996 against dismissal of petition under Section 34 of the Act.
Remedy Sought
Appellant sought to set aside the judgment and order dated 28.09.2022 in Com.A.P.No.41/2022 and consequently set aside the arbitral award dated 31.01.2022.
Filing Reason
Appellant was aggrieved by the dismissal of his petition under Section 34 of the Arbitration and Conciliation Act, 1996 by the Commercial Court.
Previous Decisions
Arbitral award dated 31.01.2022 passed by the learned Sole Arbitrator in A.C.No.5/2020; Commercial Court dismissed the petition under Section 34 vide order dated 28.09.2022 in Com.A.P.No.41/2022.
Issues
Whether the delay of 85 days in filing the appeal should be condoned under Section 5 of the Limitation Act, 1963.
Submissions/Arguments
Appellant argued that the delay was due to reasons stated in the application for condonation of delay.
Respondents opposed the condonation of delay.
Ratio Decidendi
The explanation for delay of 85 days was not satisfactory and did not constitute sufficient cause under Section 5 of the Limitation Act, 1963. Hence, the delay was not condoned and the appeal was dismissed as time-barred.
Judgment Excerpts
The present Appeal under Section 37 of the Arbitration and Conciliation Act, 1996 impugns the Judgment and Order dated 28.09.2022, passed in Com.A.P.No.41/2022 by the learned LXXXV Additional City Civil And Sessions Judge, at Bengaluru (CCH-86), whereby the Commercial Court has dismissed a Petition filed under Section 34 of the Act.
Procedural History
Arbitral award dated 31.01.2022 was challenged under Section 34 of the Arbitration and Conciliation Act, 1996 before the Commercial Court, which dismissed the petition on 28.09.2022. The appellant filed the present appeal under Section 37 of the Act on an unspecified date with a delay of 85 days, along with an application for condonation of delay. The High Court heard the application and dismissed the appeal as time-barred on 07.04.2026.
Acts & Sections
- Arbitration and Conciliation Act, 1996: Section 37
- Commercial Courts Act, 2015: Section 13(1-A)
- Limitation Act, 1963: Section 5
