Delay condone

Hello,

Delay condonation of five years may not be possible. However, you may appeal but you should have strong reason which caused five years delay. 

It depends upon engaging strong advocate who strongly defend you.

It differs from case to case and explaination for condonation of 5 year.

It is discretionary power of the Court.

Generally it is not condoned for such long delay.

Dear querist,

Usually there is a limitation period of 90 days to file a second appeal in the court but a delay of five years must have a valid reason which caused such a long delay.

Recently, the Supreme Court of India in the matter of Government of Maharashtra v. M/s Borse Brothers Engineers & Contractors Pvt. Ltd. (“Borse Brothers”) overturned one of its earlier verdict in the matter of NV International V. State of Assam. The Supreme Court clarified that an aggrieved party must file an appeal under Section 37 of the Arbitration and Conciliation Act, 1996 (“A&C Act”) within 60 days from date of order. The Supreme Court further held that a delay in filing appeals under Section 37 of the A&C Act can be condoned by the appellate court. However, such condonation must be granted only by way of exception and is permissible if the delay is ‘short.

Regards

Palak