VidhiSangh

Supreme Court of India · 11/02/2021

CHINTELS INDIA LTD. versus BHAYANA BUILDERS PVT. LTD.

[2021] 1 S.C.R. 829 · 2021 INSC 76

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Summary

The Supreme Court held that refusal to condone delay in filing a Section 34 application is appealable under Section 37(1)(c) of the Arbitration and Conciliation Act. Such refusal finally prevents setting aside the award, unlike an order condoning delay or returning an application to the proper court. The Court set aside the nonmaintainability ruling and remitted the appeal to the Delhi High Court to decide whether condonation had rightly been refused. It did not itself condone the delay.

Issues

  1. Whether an order refusing condonation and consequently dismissing a Section 34 challenge is appealable under Section 37(1)(c).

Provisions considered

Held

Result

Appeal allowed; the Division Bench’s nonmaintainability judgment set aside and the matter remitted to the Delhi High Court to decide the challenge to refusal of condonation.

Judgment PDF: Supreme Court of India, [2021] 1 S.C.R. 829.