Petitioners sought condonation of a 654-day delay in filing appeals challenging dismissal of Section 34 applications to set aside a 2008 arbitral award. Citing only inadvertence with no valid reason for the delay, the High Court refused to condone it and rejected the appeal filings.
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C.M.P.Nos.12887, 12882 of 2024 in O.S.A.SR.Nos.6777, 6778 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.08.2024
CORAM
THE HONOURABLE MR.JUSTICE S.S.SUNDAR AND
THE HONOURABLE MR.JUSTICE K.RAJASEKAR
C.M.P.Nos.12887, 12882 of 2024 in O.S.A.SR.Nos.6777, 6778 of 2024
V.Elango
-vs-
Civil Miscellaneous Petitions filed under Section 5 of the Limitation Act praying to condone the delay of 654 days in filing the appeals.
1/4
C.M.P.Nos.12887, 12882 of 2024 in O.S.A.SR.Nos.6777, 6778 of 2024
Memorandum of Grounds of Original Side Appeals filed under Order XXXVI, Rule 1 of the Madras High Court Original Side Rules read with Clause 15 of the Letters Patent read with Section 37 of the Artbitration and Conciliation Act, 1996, against the order dated 18.08.2021 passed by the learned single Judge in O.P.Nos.365 & 366 of 2008, respectively.
For Respondents :: Ms.Preeti Kumari for R1 No appearance for R2
COMMON ORDER
(Order of the Court was made by S.S.SUNDAR, J.)
These petitions are filed to condone the delay of 654 days in filing
the above original side appeals, as against the order passed by the learned single Judge of this Court in the applications filed under Section 34 of the Arbitration and Conciliation Act, 1996 to set aside the arbitral award.
have only stated that due to inadvertence and oversight, there is a delay of 654 days. Except denying the signatures in certain documents, the petitioners, who are the appellants in the above appeals, have not raised any other ground in the applications in O.P.Nos.365 & 366 of 2008 to set aside the arbitral award. It is to be noted that the arbitral award was passed way
C.M.P.Nos.12887, 12882 of 2024 in O.S.A.SR.Nos.6777, 6778 of 2024
back on 13.03.2008 and the original petitions in O.P.Nos.365 & 366 of 2008 to set aside the arbitral award, were disposed of on 18.08.2021. More than 16 years have gone after the proceedings commenced. Even before this Court, the petitioners have not given any valid reason for the inordinate delay of 654 days. The very purpose and object of the Arbitration and Conciliation Act will be defeated if we casually condone the huge delay in filing the appeals under Section 37 of the Arbitration and Conciliation Act, challenging the order dismissing the original petitions under Section 34 of the Arbitration and Conciliation Act to set aside the arbitral award of 2008. In the absence of any reason, this Court is not inclined to entertain the petitions. Accordingly, the civil miscellaneous petitions are dismissed. Consequently, O.S.A.SR.Nos.6777 & 6778 of 2024 are rejected.
Index : yes/no (S.S.S.R.,J.) (K.R.S.,J.) Neutral Citation : yes/no 27.08.2024 ss
C.M.P.Nos.12887, 12882 of 2024 in O.S.A.SR.Nos.6777, 6778 of 2024
S.S.SUNDAR, J. and K.RAJASEKAR, J.
ss
C.M.P.Nos.12887, 12882 of 2024 in O.S.A.SR.Nos.6777, 6778 of 2024
27.08.2024
1 issue framed by the court
Should the 654-day delay in filing original side appeals under Section 37 of the Arbitration and Conciliation Act be condoned in the absence of valid reasons?
3 provisions across 2 enactments
V.Kanchana
V.Elango
M/s S.M.C.Global Securities Ltd.
Mr.A.V.Haridasan
S.S.SUNDAR
K.RAJASEKAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
