APPEAL UNDER SECTION 37 OF ARBITRATION AND CONCILIATION ACT 1996 DEFECTIVE No. 100 of 2025 at Allahabad

Neutral Citation No. - 2025:AHC:56975-DB Chief Justice's Court Case :- APPEAL UNDER SECTION 37 OF ARBITRATION AND CONCILIATION ACT 1996 DEFECTIVE No. - 100 of 2025 Appellant :- M/s Gomti Motors Respondent :- Union of India and 2 others Counsel for Appellant :- Hari Om Tiwari, Shashi Kant Shukla Counsel for Respondent :- A.S.G.I., Komal Mehrotra Hon'ble Arun Bhansali, Chief Justice Hon'ble Kshitij Shailendra, J. 1. This appeal is directed against order dated 03.05.2024 passed by Commercial Court, Kanpur Nagar whereby the application filed by the respondents for return of the application under Section 34 of the Arbitration and Conciliation Act, 1996 (for short ‘the Act’) has been allowed and the application has been permitted to be returned back with liberty to file fresh. 2. The appeal is barred by 253 days. An application seeking condonation of delay has been filed, inter alia, on the ground that the counsel representing the appellant fell critically ill on account of which the appeal could not be filed in time and therefore, the delay in filing the appeal may be condoned. 3. The application is not contested. 4. For the reasons indicated in the application seeking condonation of de