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TMI Blog2019 (12) TMI 1515X X X X Extracts X X X X X X X X Extracts X X X X ..... dv., Ms. Palak Mahajan, Adv., Mr. Ishan Bisht, Adv., Mr. Vivek Gupta, Adv., Ms. Ragini Pandey, Adv., Mr. Rahul Pratap, AOR For the Respondent : Ms. Nimisha Menon, Adv., Mr. Indrajeet Singh, Adv., Mr. Shuvodeep Roy, AOR ORDER R.F. Nariman, J. 1) Leave granted. 2) On the facts of the present case, an Arbitral Award dated 19.12.2006 was made by Justice K.N. Saikia, retired Judge of this Court. F ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sidered on its own merits notwithstanding the length of delay. Mr. Shuvodeep Roy, learned counsel for the respondent supported the judgment under appeal, stating that 189 days cannot be condoned as the object of speedy resolution of disputes referred to arbitration would be subverted. 4) Having heard learned counsel for both sides, we may observe that the matter is no longer res integra. In SLP ( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ant points made by the Division Bench is that, apart from the fact that there is no sufficient cause made out in the grounds of delay, since a Section 34 application has to be filed within a maximum period of 120 days including the grace period of 30 days, an appeal filed from the self-same proceeding under Section 37 should be covered by the same drill. Given the fact that an appellate proceedi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cordingly. Pending applications, if any, also stand disposed of." 5) We may only add that what we have done in the aforesaid judgment is to add to the period of 90 days, which is provided by statute for filing of appeals under Section 37 of the Arbitration Act, a grace period of 30 days under Section 5 of the Limitation Act by following Lachmeshwar Prasad Shukul and Others (supra), as also havi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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