[Arbitration Act] General Explanation Of Intra-departmental Analysis And Discussions Doesn't Constitute Credible Explanation For Delay In Filing Appeal: Delhi High Court
9 months, 2 weeks ago

[Arbitration Act] General Explanation Of Intra-departmental Analysis And Discussions Doesn't Constitute Credible Explanation For Delay In Filing Appeal: Delhi High Court

Live Law  

The Delhi High Court bench of Justice Vibhu Bakhru and Justice Tara Vitasta Ganju held that a general explanation of intra-departmental analysis and discussions doesn't constitute as valid and credible explanation for condonation of delay in filing an appeal under Section 37 of the Arbitration and Conciliation Act, 1996. Brief Facts: The Appellant approached the Delhi High Court and filed an application seeking condonation of a 118-day delay in filing an appeal under Section 37 of the Arbitration and Conciliation Act, 1996. The Supreme Court overturned its earlier decision and held that while an elastic approach is inappropriate regarding delay in filing appeals under Section 37 of the Arbitration Act or under the Commercial Courts Act, 2015, the term "sufficient cause" for delay should not be stretched to accommodate lengthy delays, considering the imperative of speedy dispute resolution under both acts. a broad general explanation that the intra-departmental analysis and discussions took time and that the steps in the formulation of the decision for further steps required the movement of proposal amidst the administrative hierarchy caused the delay clearly cannot be accepted as sufficient cause which prevented the appellant from filing the appeal within the stipulated period.” Moreover, the High Court held that the delay in filing the appeal nearly doubled the period allotted for filing.

Arbitration Appeal Court Delhi High Court Delay Held High Act Filing Section 37 Of Filing Appeal Credible Explanation General Explanation Explanation  filing  doesnt  intradepartmental  discussions  delay  arbitration  delhi  held  act  general  appeal  mr  37  credible  court  high  explanation

History of this topic

Veracity Of Allegations Against Settlement Agreement Cannot Be Looked Into By Court In Application U/S 11 Of Arbitration Act: Delhi High Court
1 week, 4 days ago

Veracity Of Allegations Against Settlement Agreement Cannot Be Looked Into By Court In Application U/S 11 Of Arbitration Act: Delhi High Court

Live Law  

The Delhi High Court bench of Justice Manoj Kumar Ohri has reiterated that the scope of inquiry under Section 11 of the Arbitration and Conciliation Act, 1996, is limited to examining the prima facie existence of the arbitration agreement. It was further observed that if either party contests a prior settlement agreement, then such allegations cannot be looked into by …

Supreme Court Wonders Why NCLAT Wrote Long Order On Delay Condonation Application Despite High Pendency
2 weeks, 4 days ago

Supreme Court Wonders Why NCLAT Wrote Long Order On Delay Condonation Application Despite High Pendency

Live Law  

The Supreme Court recently expressed surprise that the National Company Law Appellate Tribunal, despite having a high pendency of cases, devoted extensive time and effort to writing a 17-page order on a delay condonation application. “We wonder why the NCLAT which has a high pendency should devote so much of time and energy in writing an order running into 17 …

Delhi HC junks plea against 30-year-old order acquitting 16 in 1984 riots case
2 weeks, 4 days ago

Delhi HC junks plea against 30-year-old order acquitting 16 in 1984 riots case

Hindustan Times  

The Delhi high court has refused to accept an appeal put forward by the Delhi Police against a 30-year-old city court’s order to acquit 16 people in connection with a case stemming from the 1984 anti-Sikh riots. While this court is conscious of the large-scale quantum of human lives and property during the 1984 riots, after having seen the quantum …

Limitation Period For Filing Appeal U/S 61 Of IBC Commences From Date Of Order, Not From Date Of Its Receipt: NCLAT
3 weeks, 4 days ago

Limitation Period For Filing Appeal U/S 61 Of IBC Commences From Date Of Order, Not From Date Of Its Receipt: NCLAT

Live Law  

The National Company Law Appellate Tribunal New Delhi bench of Justice Ashok Bhushan, Mr. Barun Mitra and Mr. Arun Baroka has held that the limitation period for filing an appeal under section 61 of the Insolvency and Bankruptcy Code, 2016 shall commence from the date of passing of the order and not from the date when a copy of the …

Limitation For Appeal U/S 37 Of Arbitration Act Is Governed By Article 116 Of Limitation Act, Delay Not To Be Condoned In Mechanical Manner: Bombay HC
1 month, 1 week ago

Limitation For Appeal U/S 37 Of Arbitration Act Is Governed By Article 116 Of Limitation Act, Delay Not To Be Condoned In Mechanical Manner: Bombay HC

Live Law  

The Bombay High Court bench of Justice Somasekhar Sundaresan has held that the delay in filing an appeal under section 37 of the Arbitration and Conciliation Act,1996 should not be condoned in a mechanical manner as it would defeat the very objective of the Arbitration Act which is to provide a speedy resolution of disputes. It also held that as …

'Shocking', 'Lower Court Records Not Received By Appellate Court For 5 Yrs': Punjab & Haryana HC Calls Judicial Officer's Actions 'Unacceptable'
1 month, 1 week ago

'Shocking', 'Lower Court Records Not Received By Appellate Court For 5 Yrs': Punjab & Haryana HC Calls Judicial Officer's Actions 'Unacceptable'

Live Law  

The Punjab & Haryana High Court has expressed shock at the actions of a judicial officer who failed to call for the lower court record of a case he was hearing on appeal for five years.The Court noted that the judge continued passing routine orders for five years without taking any effective steps to summon the case record from the …

Mediation Time Period Can Be Excluded While Computing Limitation For Filing Written Statement: Delhi High Court
1 month, 1 week ago

Mediation Time Period Can Be Excluded While Computing Limitation For Filing Written Statement: Delhi High Court

Live Law  

The Delhi High Court has observed that the time spent during the mediation process can be excluded while calculating the limitation period for filing a written statement under the Delhi High Court Rules, 2018. The Joint Registrar however dismissed their applications for condonation of delay on the ground that the written statements were filed beyond the period prescribed in CPC …

Delay Of 115 Days In Refiling Appeal Cannot Be Condoned On Frivolous Grounds: NCLAT
1 month, 2 weeks ago

Delay Of 115 Days In Refiling Appeal Cannot Be Condoned On Frivolous Grounds: NCLAT

Live Law  

The NCLAT New Delhi bench of Justice Ashok Bhushan, Mr. Barun Mitra and Mr. Arun Baroka has held that allowing refiling delay condonation on frivolous grounds would be an anathema to the timeliness and integrity of the liquidation process. Brief Facts: The present application has been filed seeking condonation of delay of 115 days in refiling the appeal. CE/C/ Jalandhar …

Appeals Of Accused & Victims Under NIA Act Can't Be Dismissed On Ground That Delay Can't Be Condoned Beyond 90 Days : Supreme Court
1 month, 2 weeks ago

Appeals Of Accused & Victims Under NIA Act Can't Be Dismissed On Ground That Delay Can't Be Condoned Beyond 90 Days : Supreme Court

Live Law  

The Supreme Court today directed that appeals filed by accused or victims in matters under the National Investigation Agency Act 2008 would not be dismissed on reason that delay beyond a period of 90 days cannot be condoned. The bench of CJI Sanjiv Khanna and Justices Sanjay Kumar and KV Viswanathan was hearing a batch of pleas challenging S. 21 …

Appeal In Commercial Dispute Arising From Arbitration Act Must Be Filed Before Commercial Appellate Court, Not HC: Orissa High Court
1 month, 3 weeks ago

Appeal In Commercial Dispute Arising From Arbitration Act Must Be Filed Before Commercial Appellate Court, Not HC: Orissa High Court

Live Law  

The Orissa High Court bench of Justice S.K. Panigrahi has held that a plain reading of Sections 6 and 10 of the Commercial Courts Act, 2015, leads to the conclusion that the appropriate 'court' to consider a commercial dispute, even if it arises under the Arbitration and Conciliation Act, would be the commercial court and an appeal would, therefore, lie …

Haryana REAT Dismisses TDI Infrastructure's Application For Condonation Of 193-Day Delay In Filing Appeal
1 month, 3 weeks ago

Haryana REAT Dismisses TDI Infrastructure's Application For Condonation Of 193-Day Delay In Filing Appeal

Live Law  

The Haryana Real Estate Appellate Tribunal comprising of bench of Justice Rajan Gupta and Shri Rakesh Manocha has dismissed the TDI Infrastructure application for condonation of a 193-day delay in filing the appeal before the Tribunal. Aggrieved by the order, the builder filed an appeal before the Tribunal, accompanied by an application seeking condonation of a 193-day delay in filing …

Appeal U/S 37 Of Arbitration Act Not Maintainable Against Order Under O.VII R.10 CPC: Punjab And Haryana High Court
1 month, 3 weeks ago

Appeal U/S 37 Of Arbitration Act Not Maintainable Against Order Under O.VII R.10 CPC: Punjab And Haryana High Court

Live Law  

The Punjab and Haryana High Court bench comprising of Justice Arun Palli and Justice Vikram Aggarwal has held that an appeal under Section 37 of the Arbitration and Conciliation Act, 1996 Act read with Section 13 of the Commercial Courts Act, 2015 is not maintainable against an order passed under Order VII Rule 10 of the CPC directing the return …

Delay Beyond 15 Days In Filing Appeal Cannot Be Condoned As Per Proviso To Section 61(2) Of IBC: NCLAT
1 month, 3 weeks ago

Delay Beyond 15 Days In Filing Appeal Cannot Be Condoned As Per Proviso To Section 61(2) Of IBC: NCLAT

Live Law  

The NCLAT New Delhi bench of Justice Ashok Bhushan, Mr. Barun Mita and Mr. Arun Baroka has held that delay in filing an appeal beyond 15 days as per section 61 proviso of the Insolvency and Bankruptcy Code cannot be condoned. The appellant submitted that the appeal has been filed within a period of limitation that is within 45 days …

Procedural Impediments In Govt Machinery Not 'Sufficient Cause' For Condoning Delay In Filing Appeal U/S 37 Of Arbitration Act: Patna High Court
1 month, 3 weeks ago

Procedural Impediments In Govt Machinery Not 'Sufficient Cause' For Condoning Delay In Filing Appeal U/S 37 Of Arbitration Act: Patna High Court

Live Law  

The Patna High Court Bench of Justice Ramesh Chand Malviya has held that procedural impediments in the government machinery are not a 'sufficient cause' for condoning the delay in filing the appeal. However, the respondent argued that the appellants failed to assign the 'sufficient cause' of delay in filing the appeal on a day-to-day basis and stated the reason for …

Issue Related To Existence Of Arbitration Agreement Cannot Be Decided Ex-Parte, Without Hearing Respondent: Delhi High Court
2 months ago

Issue Related To Existence Of Arbitration Agreement Cannot Be Decided Ex-Parte, Without Hearing Respondent: Delhi High Court

Live Law  

A Delhi High Court Bench of Justice Navin Chawla and Justice Shalinder Kaur held that the District Judge should not have decided the issue related to the existence of an arbitration agreement ex-parte, without calling upon the respondent to give its stand on the same. The District Judge dismissed the petition and held that the arbitration agreement contained in the …

Briefing Standing Counsel, Obtaining Approvals From Officials Not 'Sufficient Cause' For Condoning Delay In Filing Appeal: Delhi High Court
2 months ago

Briefing Standing Counsel, Obtaining Approvals From Officials Not 'Sufficient Cause' For Condoning Delay In Filing Appeal: Delhi High Court

Live Law  

While rejecting an appeal moved by Delhi Government's Directorate of Education, the Delhi High Court has ruled that obtaining approvals from officials of its departments and briefing the standing counsel are not “sufficient cause” for application of condonation of delay under Section 5 of the Limitation Act. “In any event, in our considered view the aforesaid plea taken by the …

Award Passed After Inordinate And Unexplained Delay Can Be Set Aside U/S 34 Of Arbitration Act: Madras High Court
2 months ago

Award Passed After Inordinate And Unexplained Delay Can Be Set Aside U/S 34 Of Arbitration Act: Madras High Court

Live Law  

The Madras High Court bench of Justice P.B. Balaji has held that inordinate and unexplained delay in passing the arbitral award can be a ground to set it aside under section 34 of the Arbitration Act. The court noted that in Harji Engineering Works Private Limited v. Bharat Heavy Electricals Limited, the Delhi High Court while referring to the UNCITRAL …

166 Days Delay In Re-Filing Appeal Cannot Be Condoned In Absence Of Genuine And Plausible Explanation: NCLAT
2 months, 1 week ago

166 Days Delay In Re-Filing Appeal Cannot Be Condoned In Absence Of Genuine And Plausible Explanation: NCLAT

Live Law  

The NCLAT New Delhi bench of Justice Ashok Bhushan and Mr. Barun Mitra has held that a delay of 166 in re-filing an appeal cannot be condoned in the absence of a plausible and genuine explanation offered for the same. No.6903 of 2024 is an application praying for condonation of 166 days delay in refiling an appeal. When the Appeal …

Supreme Court Critiques Judicial Overreach in Arbitration
2 months, 1 week ago

Supreme Court Critiques Judicial Overreach in Arbitration

Deccan Chronicle  

The Supreme Court of India has delivered a significant critique of the judiciary's expanding role in arbitration, highlighting how “overbearing intellectualisation” by courts has become a major issue, undermining the efficacy of Indian arbitration. The Court raised concerns about how a strict interpretation of the legal provisions governing arbitration had been hindering the right of parties to challenge arbitral awards. …

Delhi High Court Reiterates Limited Scope Of Section 34 Of Arbitration & Conciliation Act
2 months, 1 week ago

Delhi High Court Reiterates Limited Scope Of Section 34 Of Arbitration & Conciliation Act

Live Law  

The High Court of Delhi pronounced a judgement in the matter of “Centre for Research Planning and Action v. National Medicinal Plants Board Ministry of AYUSH Government of India” FAO 161/2022 dated 8th January, 2025 re-iterating the limited scope of Section 34 of The Arbitration and Conciliation Act. Respondent refused to entertain any claim when invoices were raised after March …

[Arbitration Act] Section 8 Application Must Be Filed Before Or Simultaneously With Written Statement: Calcutta High Court
2 months, 1 week ago

[Arbitration Act] Section 8 Application Must Be Filed Before Or Simultaneously With Written Statement: Calcutta High Court

Live Law  

The Calcutta High Court Bench of Justice Sabyasachi Bhattacharyya and Justice Subhendu Samanta held that when no application for reference to arbitration under Section 8 of the Arbitration Act is made by either party, the civil court may very well entertain the suit and proceed with the adjudication of the same on merits in accordance with law. Hence, in any …

'Strength' Or 'Weakness' Of Case Cannot Justify Delay In Filing Appeal: Andhra Pradesh High Court
2 months, 1 week ago

'Strength' Or 'Weakness' Of Case Cannot Justify Delay In Filing Appeal: Andhra Pradesh High Court

Live Law  

The Andhra Pradesh High Court, while dismissing a condonation of delay application, observed that the strength or weakness of a case cannot justify the delay if the appellant has failed to demonstrate diligence in filing the appeal. Consequently, the appellants filed the present appeal along with an application to condone the delay of 880 days in filing the same. “Though …

‘Why should Govt of India not adhere to timelines’: Supreme Court slams Centre over delay in appeal filings
2 months, 2 weeks ago

‘Why should Govt of India not adhere to timelines’: Supreme Court slams Centre over delay in appeal filings

Hindustan Times  

The Supreme Court on Friday slammed the central government, including the National Highways Authority of India, for excessive delays in filing of appeals. Hearing a plea filed by the NHAI, Chief Justice Of India Sanjiv Khanna observed that everyone is adhering to the time schedule for filing appeals in almost 95 per cent of the cases, asking, “Why should the …

Delay In Filing Certified Copy Of Impugned Order Doesn't Render Appeal Filed Electronically U/S 107 CGST Act Time-Barred: Delhi HC
2 months, 2 weeks ago

Delay In Filing Certified Copy Of Impugned Order Doesn't Render Appeal Filed Electronically U/S 107 CGST Act Time-Barred: Delhi HC

Live Law  

The Delhi High Court has held that delay in filing certified copy of impugned order in an appeal preferred by Assessee under Section 107 of the Central Goods and Services Tax Act, 2017 would not render the appeal time-barred, if it was filed online within prescribed time. Thereafter, under Rule 108 of CGST Rules, certified copy of the decision could …

National Investigation Agency Act | High Court Can't Condone Delay In Filing Appeal Beyond 90 Days, S.21(5) Mandatory: Punjab & Haryana HC
2 months, 3 weeks ago

National Investigation Agency Act | High Court Can't Condone Delay In Filing Appeal Beyond 90 Days, S.21(5) Mandatory: Punjab & Haryana HC

Live Law  

The Punjab & Haryana High Court has said that the High Court is not empowered to condone delay in filing appeal under National Investigation Agency Act beyond 90 days and provision of Section 21 is "mandatory" in nature. Courts creating distinction between appellant under Section 21 of the NIA Act for condoning the delay in preferring an appeal, would absolutely …

National Investigation Agency Act | High Court Can't Condone Delay In Filing Appeal Beyond 90 Days, S.21(5) Mandatory: Punjab & Haryana HC
2 months, 3 weeks ago

National Investigation Agency Act | High Court Can't Condone Delay In Filing Appeal Beyond 90 Days, S.21(5) Mandatory: Punjab & Haryana HC

Live Law  

The Punjab & Haryana High Court has said that the High Court is not empowered to condone delay in filing appeal under National Investigation Agency Act beyond 90 days and provision of Section 21 is "mandatory" in nature. Courts creating distinction between appellant under Section 21 of the NIA Act for condoning the delay in preferring an appeal, would absolutely …

Reference Application U/S 8 Of Arbitration Act Should Be Filed Within 120 Days From Date Of Service Of Summons: Karnataka High Court
2 months, 3 weeks ago

Reference Application U/S 8 Of Arbitration Act Should Be Filed Within 120 Days From Date Of Service Of Summons: Karnataka High Court

Live Law  

The Karnataka High Court Bench of Justice Hemant Chandangoudar has held that a reference application under Section 8 of the Arbitration and Conciliation Act, 1996, should have been filed within a period of 120 days from the date of service of summons to the defendant, which was long passed before 20.03.2019. Thus, where the reference application under Section 8 of …

Unreasonable Delay In Seeking Restoration Of Granted Land Can Be Ground For Denying Relief: Karnataka High Court
3 months ago

Unreasonable Delay In Seeking Restoration Of Granted Land Can Be Ground For Denying Relief: Karnataka High Court

Live Law  

The Karnataka High Court recently upheld an order of the single judge which dismissed a petition filed by the original grantee of a land who had sought restoration of land to themselves, 12 years after it was first transferred to private persons. 12 years having been passed, it would be highly unreasonable, unjust and inequitable, as well as against law …

Sufficiency Of Reasons Over Number Of Days Is Considered While Determining Plea Of Condonation Of Delay U/S 37(1)(2) Of Arbitration Act: Delhi HC
3 months ago

Sufficiency Of Reasons Over Number Of Days Is Considered While Determining Plea Of Condonation Of Delay U/S 37(1)(2) Of Arbitration Act: Delhi HC

Live Law  

The Delhi High Court Bench of Justice Rekha Palli and Justice Saurabh Banerjee held that the appellant failed to demonstrate any plausible reasons for the delay caused in filing the present appeal. The appeal was also accompanied by two applications, the first seeking condonation of 670 days delay in filing the appeal and the second 591 days delay in re-filing …

Assessee Can Confine Settlement Under Direct Tax Vivad Se Vishwas Act To Disputes Which Were Subject Matter Of Its Appeal: Delhi HC
Trending News
3 months, 1 week ago

Assessee Can Confine Settlement Under Direct Tax Vivad Se Vishwas Act To Disputes Which Were Subject Matter Of Its Appeal: Delhi HC

Live Law  

The Delhi High Court has held that under the Direct Tax Vivad Se Vishwas Act, 2020, an Assessee is entitled to confine the settlement of disputes which were subject matter of its appeal, and exclude the disputes which were subject matter of the Revenue's appeal for the same assessment year. It thus allowed a real estate company's plea against the …

Court Can Quash SCNs And Proceedings Under GST Act, Customs Act Or Finance Act On Ground Of Inordinate Delay In Adjudication: Delhi HC
3 months, 1 week ago

Court Can Quash SCNs And Proceedings Under GST Act, Customs Act Or Finance Act On Ground Of Inordinate Delay In Adjudication: Delhi HC

Live Law  

The Delhi High Court has made it clear that Show Cause Notices and adjudication proceedings under the Customs Act, 1962, the Finance Act, 1994 or the Central Goods and Services Tax, 2017 cannot be kept pending for years. Court said the phrase cannot be construed as a free-pass and “Ultimately it is incumbent upon the authority to establish that it …

Himachal Pradesh High Court Weekly Roundup: December 2 - December 8 2024
3 months, 1 week ago

Himachal Pradesh High Court Weekly Roundup: December 2 - December 8 2024

Live Law  

Nominal Index: National Highways Authority of India vs. Devi Ram & Others 2024 LiveLaw 78 Engineer-in-Chief & Ors. Versus Dev Raj 2024 LiveLaw 79 Suresh Kumar Vs State of H.P 2024 LiveLaw 80 Ashok Thakur v. State of Himachal Pradesh and Anr 2024 LiveLaw 81 Chaudhary Sarwan Kumar Versus Himachal Pradesh Farmers' Forum 2024 LiveLaw 82 Judgments/Orders: Himachal Pradesh High …

Penalize Govt Officers Who Cause Delay In Filing Of Appeals : Supreme Court Directs All States
3 months, 2 weeks ago

Penalize Govt Officers Who Cause Delay In Filing Of Appeals : Supreme Court Directs All States

Live Law  

The Supreme Court has directed all States to fix liability on government officers who cause delay in the filing of appeals/cases on behalf of the government and thereby cause loss to the public exchequer.The Court observed that in many cases, he filing of appeals are elayed due to the failure to communicate the decisions to the higher authorities in time. …

Appellate Authority Has To Consider Grounds Raised In Appeal And Decide On Merits, Even If Appeal Is Heard Ex Parte: Patna High Court
3 months, 2 weeks ago

Appellate Authority Has To Consider Grounds Raised In Appeal And Decide On Merits, Even If Appeal Is Heard Ex Parte: Patna High Court

Live Law  

The Patna High Court stated that the Appellate Authority has a duty and an obligation to examine grounds raised by assessee in memorandum of appeal and decide issue on merits even if appeal is filed ex parte. The Bench consisting of Chief Justice K. Vinod Chandran and Justice Partha Sarthy, stated that “the Appellate Authority even while considering the appeal …

Delhi HC Allows Invocation Of Arbitration Clause After 10 Yrs, Says That Scope Of S.11(6) Plea Is Limited To Ascertaining Existence Of Agreement
Trending News
3 months, 3 weeks ago

Delhi HC Allows Invocation Of Arbitration Clause After 10 Yrs, Says That Scope Of S.11(6) Plea Is Limited To Ascertaining Existence Of Agreement

Live Law  

The Delhi High Court Bench of Justice Sachin Datta has held that the scope of the present proceedings is confined to ascertaining the existence of the arbitration agreement. Observation of the court: The court held that the scope of the present proceedings is confined to ascertaining the existence of the arbitration agreement. Then, the court held that since the existence …

Providing "Ambiguous Reasons" Akin To Non-Speaking Order: Gujarat HC Sets Aside Revenue Tribunal's Order Condoning 22-Yrs Delay By State
3 months, 3 weeks ago

Providing "Ambiguous Reasons" Akin To Non-Speaking Order: Gujarat HC Sets Aside Revenue Tribunal's Order Condoning 22-Yrs Delay By State

Live Law  

The Gujarat High Court on Monday quashed and set aside the order of the Gujarat Revenue Tribunal that condoned the delay of approximately 22 years and 8 months in challenging an order issued by the Deputy Collector. Justice Nikhil Kariel noted in its order that the Gujarat Revenue Tribunal failed to provide sufficient reasons for condoning the delay of over …

Special Treatment Cannot Be Given To Govt For Delay In Filing Appeal U/S 37 Of Arbitration Act: Delhi High Court
3 months, 3 weeks ago

Special Treatment Cannot Be Given To Govt For Delay In Filing Appeal U/S 37 Of Arbitration Act: Delhi High Court

Live Law  

The Delhi High Court bench of Ms. Justice Rekha Palli and Mr. Justice Saurabh Banerjee has affirmed that just because the appellant is government that doesn't mean that a special treatment will be given while condoning the delay in filing the appeal under section 37 of the Arbitration Act. That In M/s Jaitely Construction Co. v. Union of India the …

Liberty To File Fresh Application Not Fresh Cause Of Action, Limitation U/S 34(3) Of Arbitration Act Cannot Be Extended: Delhi High Court
3 months, 3 weeks ago

Liberty To File Fresh Application Not Fresh Cause Of Action, Limitation U/S 34(3) Of Arbitration Act Cannot Be Extended: Delhi High Court

Live Law  

The Delhi High Court Bench of Justice Rekha Palli and Justice Saurabh Banerjee have held that mere liberty to file a fresh application before the competent Court does not amount to a fresh cause of action occurring in the appellant's favour. The relevant date of the Award always remained unchanged, and therefore even after availing the benefit of the period …

Objections On Capacity Of Party To Initiate Arbitration Must Be Addressed Before Tribunal, Not While Appointing Arbitrator: Delhi HC
Trending News
4 months ago

Objections On Capacity Of Party To Initiate Arbitration Must Be Addressed Before Tribunal, Not While Appointing Arbitrator: Delhi HC

Live Law  

The Delhi High Court bench of Justice Sachin Datta has held that the objections as regards the capacity of the party to initiate arbitration is an aspect which is necessarily required to be gone into the arbitration proceedings, however, the same could not preclude the constitution of an Arbitral Tribunal. The court held that a party may raise appropriate jurisdictional/preliminary …

Pre-Requirement Of Conciliation Before Invoking Arbitration Can't Prevent Filing Of Application U/S 11 Of Arbitration Act: Delhi High Court
4 months ago

Pre-Requirement Of Conciliation Before Invoking Arbitration Can't Prevent Filing Of Application U/S 11 Of Arbitration Act: Delhi High Court

Live Law  

The Delhi High Court bench of Justice Subramonium Prasad has held that pre requirement of conciliation in an arbitration clause before invoking the arbitration cannot be a bar to file an application under section 11 of the Arbitration Act seeking appointment of an Arbitrator. That disputes have arisen between the parties regarding payment of dues.,the Petitioner herein invoked Clause 17.7 …

Time Spent In Bona Fide Proceedings Before Court Without Jurisdiction To Be Excluded When Considering Objection On Limitation In S.11 Plea: Delhi HC
4 months, 1 week ago

Time Spent In Bona Fide Proceedings Before Court Without Jurisdiction To Be Excluded When Considering Objection On Limitation In S.11 Plea: Delhi HC

Live Law  

The Delhi High Court bench comprising of Justice Subramonium Prasad, while hearing a Section 11 petition, has held that the petitioner's claim cannot be treated as dead one simply because they spent time on bona fide court proceedings before a court without jurisdiction. The petitioner then filed an application under Section 12 of the Commercial Court Act for pre-litigation mediation …

Inordinate, Unexplained Delay In Passing Award After Conclusion Of Arguments Can Be Ground To Set Aside U/S 34 Of Arbitration Act: Delhi High Court
4 months, 1 week ago

Inordinate, Unexplained Delay In Passing Award After Conclusion Of Arguments Can Be Ground To Set Aside U/S 34 Of Arbitration Act: Delhi High Court

Live Law  

The Delhi High Court bench of Justice Sachin Datta has held that inordinate and unexplained delay in passing an award from the date of the conclusion of the pleadings can be a ground to set it aside under section 34 of the Arbitration Act. Brief Facts The present petition under Section 34 of the Arbitration and Conciliation Act, 1996 assails …

Scope Of Review U/S 37 Is Limited To Ascertaining Compliance With S. 34 Of Arbitration Act: Delhi High Court
4 months, 1 week ago

Scope Of Review U/S 37 Is Limited To Ascertaining Compliance With S. 34 Of Arbitration Act: Delhi High Court

Live Law  

The Delhi High Court bench of Justices Rekha Palli and Saurabh Banerjee affirmed that the Court under section 37 of the Arbitration Act cannot undertake an independent assessment of the merits of the award, and must only ascertain that the exercise of power by the Court under Section 34 has not exceeded the scope of the provision Brief Facts The …

NIA Act | High Courts Cannot Expand Scope Of Interpretation, Condone Delay Beyond Permissible Limit: Madras High Court
4 months, 1 week ago

NIA Act | High Courts Cannot Expand Scope Of Interpretation, Condone Delay Beyond Permissible Limit: Madras High Court

Live Law  

The Madras High Court recently held that the High Court was not empowered to condone the delay in filing an appeal under the National Investigating Agency Act 2008 beyond the permissible limit. The court added that the language employed in the provision under the NIA Act was unambiguous and thus the courts could not condone the delay beyond the permissible …

Arbitration Weekly Round-Up: 4th November To 10th November 2024
4 months, 1 week ago

Arbitration Weekly Round-Up: 4th November To 10th November 2024

Live Law  

Supreme Court Government Entity Can't Be Given Differential Treatment While Staying Operation Of Arbitral Award : Supreme Court Case Title: International Seaport Dredging Pvt Ltd Versus Kamarajar Port Limited, Case Number- Civil Appeal No 12097 of 2024 Recently, the Supreme Court disapproved of a High Court's decision to exempt a government entity from depositing other amounts in addition to the …

Arbitration Monthly Digest: October 2024
4 months, 1 week ago

Arbitration Monthly Digest: October 2024

Live Law  

Supreme Court Case Title: R.P. Case Title: LAVA INTERNATIONAL LIMITED Vs MINTELLECTUALS LLP Citation: 2024 LiveLaw 1114 The Delhi High Court bench comprising Justice Prateek Jalan has held that in orders passed by the arbitral tribunal under Section 17 of the Arbitration and Conciliation Act, 1996, the court is not bound by the principles underlying Order XXXVIII and XXXIX of …

Condonation Of Delay Is Case Specific, No Inflexible Rule Can Be Laid Down To Condone Delay U/S 61 Of IBC: NCLAT
4 months, 2 weeks ago

Condonation Of Delay Is Case Specific, No Inflexible Rule Can Be Laid Down To Condone Delay U/S 61 Of IBC: NCLAT

Live Law  

The NLCAT New Delhi bench of Justice Ashok Bhushan, Barun Mitra and Arun Baroka affirmed that the condonation of delay in filing of the Appeal is on facts of each case, no inflexible rule can be laid down while exercising jurisdiction to condone the delay. The Applicant states that he was unable to file the present Appeal against the order …

Arbitration Cases Monthly Digest: September 2024
5 months, 2 weeks ago

Arbitration Cases Monthly Digest: September 2024

Live Law  

Supreme Court Case Title: COX & KINGS LTD. Delhi High Court Case Title: Apex Buildsys Ltd. Vs Vadera Interiors And Exteriors and connected matter Citation: 2024 LiveLaw 956 The Delhi High Court bench of Justice C. Hari Shankar has held that objections related to the legality of an arbitrator's appointment cannot be raised in a petition seeking an extension of …

MahaREAT Dismisses Homebuyer's Application For Condonation Of 298-Day Delay In Filing Appeal
6 months, 1 week ago

MahaREAT Dismisses Homebuyer's Application For Condonation Of 298-Day Delay In Filing Appeal

Live Law  

Maharashtra Real Estate Appellate Tribunal Bench, comprising SS Shinde and Dr. K. Shivaji, has dismissed the homebuyer's application for condonation of a 298-day delay in filing the appeal before the Tribunal. The homebuyer appealed the Maharashtra Real Estate Regulatory Authority order dated October 27, 2021. According to Section 44 of the Real Estate Act, 2016, the homebuyer had 60 days …

Appeals Filed Without Delay Condonation Applications Cannot Be Rectified Later: Jharkhand High Court
7 months, 2 weeks ago

Appeals Filed Without Delay Condonation Applications Cannot Be Rectified Later: Jharkhand High Court

Live Law  

The Jharkhand High Court has ruled that if an appeal memo does not contain an application for the condonation of delay at the time of its filing, subsequent filing of such an application cannot cure the defect. Despite the court granting time to address the defects pointed out by the Stamp Reporter, the counsel for the Revenue did not take …

Discover Related