South Delhi Municipal Corporation v. M/S Adwel Advertising Service & ANR

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO(OS) (COMM) 115/2019, C.M. No. 24310/2019, C.M. No. 24313/2019 and C.M. No. 2216/2020 SOUTH DELHI MUNICIPAL CORPORATION ..... Appellant Through: Mr. Sanjay Poddar, Sr. Advocate with Mr. Gaurang Kanth, Ms. Biji Rajesh, Ms. Eshita Baruah, Advocates.

versus M/S ADWEL ADVERTISING SERVICE & ANR ..... Respondents Through: Mr. Jayant Mehta, Ms. Sukriti Mago and Ms. Anu Srivastava, Advocates.

CORAM:

HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MS. JUSTICE ASHA MENON

O R D E R

% 21.01.2020 FAO(OS) (COMM) 115/2019, C.M. No. 24310/2019 (by the appellant for seeking condonation of delay in filing the accompanying appeal), C.M. No. 24313/2019 (by the appellant for seeking condonation of delay in re-filing the accompanying appeal) and C.M. No. 2216/2020 (by the appellant for seeking condonation of delay in filing the affidavit) 1.

The appellant/SDMC is aggrieved by the judgment dated 19.7.2018, passed by the learned Single Judge in a petition filed by the respondent/petitioner under Section 34 of the Arbitration and Conciliation Act, 1996 (in short "A&C Act") assailing an Arbitral Award dated 22.5.2017, in OMP (COMM) 383/2017. Accompanying the present appeal is an application moved by the appellant for condonation of delay of 141 days FAO(OS) (COMM) 115/2019

(C.M.No.24310/2019) and another application has been moved by the appellant praying inter alia for condonation of delay of 50 days in re-filing the appeal (C.M. No. 24313/2019).

2.

Mr. Mehta, learned counsel for the respondents opposes the condonation of delay application by citing two decisions of the Supreme Court i.e., Union of India vs. Varindera Const. Ltd. reported as 2018 SCC OnLine SC 3500 and N.V. International v. State of Assam & Ors. reported as 2019 SCC OnLine SC 1584 whereunder, it has been held that the maximum grace period that can be granted for entertaining a Section 34 petition or an appeal under Section 37 of the A&C Act, is 120 days. 3.

Having regard to the fact that in the instant case, the delay in filing the appeal is way beyond 120 days, this Court is not in a position to condone the same. As a result, the condonation of delay application is dismissed and as a consequence thereof, the appeal and the remaining applications are also dismissed.

HIMA KOHLI, J ASHA MENON, J JANUARY 21, 2020 ap FAO(OS) (COMM) 115/2019