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Supreme Court of India 2019-12-06 dismissed

M/S N.V. INTERNATIONAL vs THE STATE OF ASSAM

Bench: 2 — Rohinton Fali Nariman, S. Ravindra Bhat

In Brief

This case concerns whether a 189-day delay in filing an appeal under Section 37 of the Arbitration and Conciliation Act, 1996 could be condoned. The appellant argued that Section 5 of the Limitation Act applied even where the 90-day statutory period had expired, while the respondent opposed condonation citing the need for speedy arbitral resolution. The Supreme Court held that appeals under Section 37 must be filed within 120 days (90 days statutory plus a 30-day grace period under Section 5), and delays beyond this threshold will not be condoned. The Court dismissed the appeal as the 189-day delay far exceeded the permissible period.

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Arbitration Limitation Procedural Law

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