Deciding two connected writ petitions arising from a common Industrial Tribunal Award, the Delhi High Court set aside the Tribunal's direction granting hotel workmen a further…
File Movement' & 'Change In Counsel' Not Sufficient Cause For Condonation Of Delay In Filing S.37 Arbitral Appeals: Delhi High Court
The Delhi High Court has ruled that administrative issues such as the movement of case files or a change in legal counsel are not sufficient grounds to condone a significant delay in filing an appeal against an arbitral award under Section 37 of the Arbitration and Conciliation Act. The court dismissed an appeal that was filed after a considerable delay, stating that the reasons provided were not compelling enough. It emphasized that the law prescribes a specific limitation period for filing such appeals to ensure finality and certainty in the arbitration process. While courts have the discretion to condone delays, this power must be exercised judiciously and only when there is a "sufficient cause" that was genuinely beyond the party's control. Routine administrative delays or changing lawyers do not meet this high threshold, the court held.