Condonation application seeking condonation of 120 days' delay in filing an appeal against a Commercial Court judgment was dismissed; settlement negotiations were held insufficient cause given strict commercial timelines, and the appeal was dismissed.
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$~31
NBCC (INDIA) LTD. .....APPELLANT Through: Mr Rajnish K.Jha, Advocate.
versus
MR. PRAVEEN MITTAL .....RESPONDENT Through: None.
CORAM: HON'BLE MR. JUSTICE VIBHU BAKHRU HON'BLE MR. JUSTICE TEJAS KARIA O R D E R % 09.05.2025
CM APPL. 28528/2025
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“58. Given the object sought to be achieved under both the Arbitration Act and the Commercial Courts Act, that is, the speedy resolution of disputes, the expression “sufficient cause” is not elastic enough to cover long delays beyond the period provided by the appeal provision itself. Besides, the expression “sufficient cause” is not itself a loose panacea for the ill pressing negligent and stale claims… * * *
6. The application is, accordingly, dismissed.
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RFA(COMM) 281/2025 and CM APPLs. 28529-31/2025
VIBHU BAKHRU, J
TEJAS KARIA, J
MAY 09, 2025/ tr
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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 21/05/2025 at 13:56:55
This is a digitally signed order.
1 issue framed by the court
Whether a delay of over 120 days in filing a commercial appeal, explained only by ongoing settlement negotiations, constitutes sufficient cause for condonation.
Colour shows how this judgement treated each authority
3 provisions across 3 enactments
NBCC (India) Ltd.
Mr. Praveen Mittal
Vibhu Bakhru
Tejas Karia
As recorded by the court registry
A first appeal against a decree of a Commercial Court under the Commercial Courts Act 2015.
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