Numaligarh Refinery Limited, v. M/S. Solar Design Pvt. Ltd.

A.No. 4179 of 2025 in Arb.OP.D.No.119628 of 2025 MASTER 26.08.2025 Order This application has been filed by the applicant to condone the delay of 12 days in representing in Arb OP (Comm Div) D No.119628 of 2025. The reason stated for the delay in representation is that it is due to the distance of the petitioner company which is situated at Assam. Now the point to be decided is that whether the delay of 12 days can be condoned or not.

This court has come across an order of our Hon'ble Division Bench in OSA.No. 66 of 2023 to condone the delay of 267 days in representation in a similar application in which the Hon'ble Division Bench condoned the delay on appeal by deleting the cost imposed. The extracted portion is hereunder. "It is seen that the delay has occurred only in respect of re-presenting the original petition filed against the award passed by the first respondent Arbitrator and not in filing the same. Admittedly, this Court has dealt with umpteen number of cases, extending some leniency for condoning the delay. Applying the same analogy and also considering the explanation offered by the appellant for the delay in re-presenting the petition papers, this court is inclined to modify the order of the learned Judge, by deleting the costs of Rs.25,000/- imposed on the appellant, while condoning the delay in re-presenting the petition."

This order of Hon'ble Division Bench was followed by the Hon'ble Single Judge in A.No. 1219 of 2023 in Arb.OP.DR.NO. 9142 of 2022 and the same was allowed without cost. The portion extracted is hereunder. https://www.mhc.tn.gov.in/judis

"In view of the earlier order passed by the learned single Judge in Applicatiion No. 1232 of 2023 dated 03.03.2023 which had been modified by the Division Bench of this Court in O.S.A.No. 66 of 2023 by judgment dated 29.03.2023, I am inclined to set aside the impugned order passed by the Learned master. Accordingly, this application is allowed. However, there shall be no order as to costs".

Though this court is not completely convinced with the reason stated by the applicant. Following the orders passed by our Hon'ble Division Bench in OSA.No. 66 of 2023 which was followed by the Hon'ble Single Judge in A.NO. 1219 of 2023 in Arb.OP.DR.No. 9142 of 2022, considering the fact that the delay was only in refiling and not in filing. this court has no hestitation to take lenient view in this application and is inclined to allow this application.

Accordingly this application is allowed, no order as to costs. MASTER https://www.mhc.tn.gov.in/judis