Quick Summary: M/S Gogoal Hydro Pvt. Ltd.'s appeal against M/S Bharat Heavy Electricals Ltd. was dismissed by the Delhi High Court because it was filed 125 days late. The court did not find a good enough reason to allow the delay.
Gogoal Hydro Pvt. Ltd. filed an appeal against Bharat Heavy Electricals Ltd. and others, challenging decisions made by the District Judge at Saket Courts, New Delhi. These decisions were dated February 13, 2024, and May 16, 2024. The appeal was reviewed by Justice Anil Kshetarpal and Justice Harish Vaidyanathan Shankar.
The appeal was submitted 125 days after the deadline, which was 60 days. Gogoal Hydro claimed the delay was due to slow decision-making within the company and personal issues faced by their lawyer. They also mentioned a correction made on May 16, 2024, which they thought restarted the deadline for their appeal.
"The delay arose solely due to internal indecision and administrative lethargy," noted the court.
The court said that the reasons Gogoal Hydro gave were not good enough. The correction was considered minor and did not change the main decision, so it did not restart the deadline.
"Geographical location or internal logistical inconvenience can never, by themselves, constitute 'sufficient cause' for delay."
The court looked at a decision by the Supreme Court in Borse Brothers Engineers & Contractors Pvt. Ltd., which explained that appeals under the Arbitration and Conciliation Act must follow the deadline unless there are very special reasons.
The court rejected the appeal because Gogoal Hydro did not show a good reason for the delay, highlighting the need to follow deadlines in business disputes.
"The present Appeal is dismissed as barred by limitation."
