Sindhubai Laxman Waghmare And Others v. National Highway Authority Of (Orig. Appl.) India, Through Its Project Director, Nagpur And Others
(1) 41 cam 34-2024
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAM) NO. 34 OF 2024 IN ARBITRATION APPEAL STAMP NO. 2939 OF 2024 Sindhubai W/o Laxman Waghmare and another Vs. The Arbitrator and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ---------------- - - - - - Shri T.T. Mirza, Advocate h/f Shri A.M. Quazi, Advocate with Shri Y.R. Zalte, Advocate for applicant Shri S.C. Joshi, AGP for respondent/State Shri Ramesh Darda, Advocate for respondent No.2 CORAM : SMT M.S. JAWALKAR, J.
DATE : 21.04.2025 Present application is filed for condonation of delay in filing appeal.
2.
The application is vehemently opposed by the learned Counsel for respondents. He relied on citation Government of Maharashtra (Water Resources Department) Vs. M/S Borse Brothers Engineers and Contractors Pvt. Ltd, AIR OnLine 2021 SC 152, in support of his contention that even after sufficient cause has been shown, the party is not entitled for condonation of delay in question as a matter of right. The proof of a sufficient cause is a condition precedent for exercise of the discretionary jurisdiction vested in the Court by Section 5 of the Limitation Act.
3.
Learned Counsel for petitioner submitted that in
(2) 41 cam 34-2024 fact, there is no delay, the judgment is passed on 16/01/2023, in Arbitration Case No. 84/2021, by the District Judge-9, Nagpur. The copy of judgment was received on 03/04/2023. In the meantime, applicant was facing from viral fever, therefore he could not contact his Counsel but after recovery he approached the Counsel at Nagpur immediately and appeal filed on 07/05/2023.
4.
It appears that there is delay of 40 days. The delay is not deliberate nor intentional, however, it appears that in arbitration proceeding there is importance of time and therefore specific time line is given under the Act for filing appeal. Though there was no intentional delay, however, the applicant as well as his Counsel has not shown any due diligence. As such, though I am allowing the application for condonation of delay, it would be subject to cost of Rs.3000/-, to be paid to the respondent No.2, National Highway Authority of India, within three weeks.
5.
Registry is directed to register appeal, after verifying that amount of cost deposited to the respondent, National Highway Authority of India, as per direction and then register the appeal.
(SMT M.S. JAWALKAR, J.) Jayashree..