Whether an appeal can be filed with a delay of 9 months in arbitration and conciliation act
Querist :
Anonymous
(Querist) 27 September 2011
This query is : Resolved
whether an appeal can be filed with a delay of 9 months in Arbitration and Conciliation Act ?
Raj Kumar Makkad
(Expert) 27 September 2011
Appeal can be filed but the same shall be admitted or not depends upon your grounds of condonation of delay applicaiton.
ajay sethi
(Expert) 27 September 2011
yes you file appeal along with application for condonation of delay . you have to explain in detail the reasons for delay
www.indiankanoon.org/doc/1287972
see judgement in case of lt col ashok singh v/s beant singh
the appellants seeking condonation of delay, it is seen from the record that no such evidence has been placed on the record specifically pointing out that on which date the appellants came to know about the judgment under appeal has thereafter when and what steps were taken to seek -legal advice, facilitating presentation of the appeal. The memorandum of application nowhere contains such averment leading to the satisfaction of the Court that the appellants have taken some steps. There is no such evidence also appended with the memorandum of appeal justifying and making out a case for sufficient cause which prevented the appellants in presenting the appeal. The only ground taken by the appellants in the application is that immediately after knowing about the passing of judgment and decree under appeal, they acted with due diligence and spared no effort in preferring the appeal. This averment and the contention of the learned counsel for the appellants is not supported by any evidence on the record and such a bald averment cannot be the substitute to the evidence when it has been rebutted and denied by the other side.
6. The learned counsel for the appellants has also submitted that the Courts must have liberal approach while dealing with the matters where the public interest is involved. There is no doubt that there is substance in the argument of the learned counsel, but the appellants must have placed on the record upon which the Court must justify that the appellants have taken steps to protect the public interest and while doing so if delay is caused, Court must certainly interfere and take a liberal view but in absence of such an evidence/where the appellants have not taken trouble to place before the Court any material for justifying and making out a sufficient cause for delayed presentation of the appeal, the Courts, merely on the argument of the learned counsel, cannot interfere and justify the order condoning the delay. Therefore, such a contention of the learned counsel is not acceptable. It also appears that while challenging the order under appeal, appellants were not serious and have come to the Court halfheartedly and perhaps have either withheld the evidence or opted not to place before the Court for seeking the condonation of delay. Therefore, the application deserves to be rejected.
Sailesh Kumar Shah
(Expert) 28 September 2011
Appeal can be allowed by the court Subject to Valid grounds of delay filing.
prabhakar singh
(Expert) 29 September 2011
delay in filling appeal can be condoned provided you have grounds to count reasons for each and every day delay.
