Allowed¶20

M/s. Kshema Power and Infrastructure Company Pvt. Ltd. v. Siemens Gamesa Renewable Power Private Limited

Madras HC23 Sept 2025A/4354/2025

Case brief

AI extract

What is this about?

condonation of delay; 61 days delay; re-presentation of papers; Arb. OP. D. No. 57944 of 2025; arbitration original petition; lenient view; OSA.No. 66 of 2023; A.No. 1219 of 2023; Arb.OP.DR.No. 9142 of 2022; A. No. 1232 of 2023; no costs; MASTER; Madras High Court; order dated 23.09.2025

What did the court decide?

Delay of 61 days in representing the papers in Arb. OP. D. No. 57944 of 2025 condoned; application allowed with no order as to costs. ¶20

M/s. Kshema Power and Infrastructure Company Pvt. Ltd. Vs Siemens Gamesa Renewable Power Private Limited — Madras HC (2025) — LawSathi Research

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A.No. 4354 of 2025

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Arb. OP. D. No. 57944 of 2025

MASTER

23.09.2025

Order

1. This application has been filed by the applicant to condone the delay of

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61 days in representing the papers in Arb. OP. D. No. 57944 of 2025.

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2. The reason stated for the delay in representation is that there was some delay in getting instruction from the petitioner's company situated at Ernakulam. Considerable delay occurred due to get proper instructions and papers.

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3. Now the point to be decided is that whether the delay of 61 days can be condoned or not.

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4. 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:

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“ 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

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https://www.mhc.tn.gov.in/judis

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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.”

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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.

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" 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.

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Accordingly, this application is allowed. However, there shall be no order as

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to costs".

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5. 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, this court has no hesitation to take lenient view in this application and is inclined to allow this application.

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Accordingly, this application is allowed. No order as to costs.

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MASTER

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https://www.mhc.tn.gov.in/judis

M/s. Kshema Power and Infrastructure Company Pvt. Ltd. v. Siemens Gamesa Renewable Power Private Limited

Case brief

What is this about?

What did the court decide?

M/s. Kshema Power and Infrastructure Company Pvt. Ltd. v. Siemens Gamesa Renewable Power Private Limited

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

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