M/S Skytop Builders Pvt. Ltd. v. M/S Beml Employees Cooperative Society Ltd.
Case brief
What is this about?
Karnataka High Court (Division Bench; oral judgment per Chief Justice Vibhu Bakhru, with Justice K.S. Hemalekha), decision dated 13 July 2026, COMAP No. 91 of 2026. Appellants M/s. Skytop Builders Pvt. Ltd. and its Managing Director Sri B.L. Nagendra Prasad sought condonation of 1280 days' delay in filing a commercial appeal against the judgment dated 28.02.2022 in Com.A.S.No.32/2018 (LXXXII Additional City Civil and Sessions Judge, Bengaluru CCH-83). Key phrases: condonation of delay, Section 5 of the Limitation Act, 1963, sufficient cause, Section 37 (1) (c) of the Arbitration and Conciliation Act, 1996, Section 13(1-A) of the Commercial Courts Act, COVID-19 pandemic explanation insufficient, administrative reasons of the company, limitation commencing after delivery of impugned judgment, legal notice dated 30.06.2022, application rejected, appeal dismissed.
What did the court decide?
The appellants' explanation for the delay - that the appeal could not be contested on account of the COVID-19 pandemic and due to administrative reasons of the company - does not constitute sufficient cause for not filing the appeal within the stipulated period.