EXECUTIVE ENGINEER vs SANJAY SHANKAR SURVE AND ORS.

Judgment text excerpt

12.IA.12074.2024 (1).doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.12074 OF 2024 IN ARBITRATION APPEAL (L) NO.8703 OF 2024 WITH INTERIM APPLICATION NO.12075 OF 2024 IN ARBITRATION APPEAL (L) NO.8703 OF 2024 Executive Engineer National Highway Division ...Applicant IN THE MATTER BETWEEN Executive Engineer National Highway Division ...Appellant Versus Sanjay Shankar Surve & Ors. ..Respondents Ms Kajal Gupta a/w. Shweta Singh i/b. M.V. Kini & Co., Advocate for Applicant/Appellant. Ms Revati Desai i/b. Chetan Mali, Advocate for Respondents. CORAM: SOMASEKHAR SUNDARESAN, J. DATE : FEBRUARY 5, 2025 ORAL JUDGEMENT: Context and Background: 1. Interim Application No.12074 of 2024 is an Application seeking condonation of delay in filing of the Arbitration Appeal (L) No. 8703 o 2024 (“Arbitration Appeal”), filed under Section 37 of the Arbitration and Conciliation Act, 1996 (“Arbitration Act”). Digitally signed by AARTI AARTI GAJANAN GAJANAN PALKAR Page 1 of 7 PALKAR Date: 2025.02.11 10:49:50 FEBRUARY 05, 2025 +0530 Aarti Palkar 12.IA.12074.2024 (1).doc 2. The Arbitration Appeal impugns a Judgment and Order dated April 19, 2023 passed by the District Judge-1, Ratnagiri under Section 34 of the Arbitration Act, which upheld an arbitral award enhancing the compensation amount in respect of land acquisition for construction of a national highway. 3. Ms. Kajal Gupta, Learned Counsel for the Applicant submits that the copy of the order was received on May 9, 2023 and the limitation period had expired on August 10, 2023. Learned Counsel further submits that the Appeal was e-filed on December 11, 2023, which led to an electronic filing number ending with “2023” being assigned. Learned Counsel would submit that the delay is just 123 days,