Created by Fuzzy Cloud

Bombay High Court

NATIONAL HIGHWAYS AUTHORITY OF INDIA REPRESENTED BY ITS PROJECT DIRECTOR ARVIND KALEversusROHIDAS CHUDAMAN PATIL AND ANOTHER

Disposal
DISPOSED OFF

Holding

The Court held that the 630‑day delay could not be condoned and dismissed the appeals.

Summary

The National Highways Authority of India (NHAI) filed three appeals under Section 37 of the Arbitration Act, but the appeals were lodged 630 days after the impugned orders. NHAI sought condonation of the delay, citing internal administrative approvals and financial arrangements as reasons. The Court referred to the Supreme Court’s decision in Government of Maharashtra v. Borse Brothers Engineers (2021) which holds that delays beyond the statutory periods may be condoned only as an exception and not as a rule, and only when the party has acted bona‑fide without negligence. Applying this principle, the Court found that the 630‑day delay was excessive and the reasons offered were insufficient. Consequently, the Court dismissed the applications/appeals, refusing to condone the delay.

Issues considered

  • Can a delay of 630 days in filing appeals under Section 37 of the Arbitration Act be condoned?
  • Do the reasons provided by NHAI constitute sufficient grounds for condonation of such delay?

Legislation cited

Subjects

  • Arbitration
  • Section 37
  • Delay condonation
  • Limitation Act
  • Commercial Courts Act
  • NHAI
  • High Court
  • Procedural law

Judgment

2026:BHC-AUG:12544
                                                                      982, 983, 984.odt




                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                        982 CIVIL APPLICATION NO. 13685 OF 2021
                                  IN ARBAST/26537/2021

               National Highways Authority Of India Represented By Its Project
                                  Director Arvind R. Kale
                                         VERSUS
                     Chandrakant Batesingh Raghuwanshi And Another
                                            …

                        983 CIVIL APPLICATION NO. 13688 OF 2021
                                  IN ARBAST/26534/2021

               National Highways Authority Of India Represented By Its Project
                                    Director Arvind Kale
                                          VERSUS
                            Rohidas Chudaman Patil And Another

                        984 CIVIL APPLICATION NO. 13689 OF 2021
                                  IN ARBAST/15885/2021

           National Highways Authority Of India Project Implementation Unit
                                Dhule Thr Project Director
                                         VERSUS
                      Raghunath Bhagwan Chaudhary And Another
                                             ...
          Mr. D. S. Manorkar, Advocate for Applicant
                                            ***

                                            CORAM : ARUN R. PEDNEKER, J
                                            DATE  : MARCH 24, 2026

          PC :

          1.           There is delay of 630 days in filing these Appeals. The

          reasons mentioned for delay are noted in paragraphs 8 to 11, as under:

                     “8. That after receipt of the above impugned order
                     under challenge was then discussed, scrutinized and
                     examined by the office of applicant with the legal

                                         PAGE 1 OF 3
                                                             982, 983, 984.odt




         consultant. That after being satisfied that the above
         impugned order requires to be challenged before
         Hon'ble High Court it was decided to send the proposal
         for approval from the competent authority of NHAI.

         9. That the office of applicant requires administrative
         approval, for every important decision to be taken, thus
         in pursuance to obtain approval for challenging the
         above impugned order before appellate forum the
         communication was sent to the Regional Office of NHAI
         at Nagpur. 4

         10. That above proposal and the impugned order was
         then further scrutinized and discussed at the R.O. office
         of NHAI at Nagpur and then administrative approval
         for challenging the above impugned order was
         communicated to the office of applicant. Thereafter the
         office of applicant issued further necessary instructions
         to its legal counsel about the same.

         11. That thereafter the draft of appeal was submitted by
         the legal counsel was studied, discussed and finalized
         and after arrangement for financial approvals for the
         payment of court fees some additional time had gone.”

2.         The Hon’ble Supreme Court in case of Government of

Maharashtra (Water Resources Department) Represented by Executive

Engineer vs. Borse Brothers Engineers and Contractors Pvt. Ltd. , 2021

(3) SCR 193 has held that section 37 of the Arbitration Act that are

governed by Articles 116 and 117 of the Limitation Act or section 13(1A)

of the Commercial Courts Act, a delay beyond 90 days, 30 days or 60

days, respectively, is to be condoned by way of exception and not by way

of rule. In a fit case in which a party has otherwise acted bona fide and

not in a negligent manner, a short delay beyond such period can, in the

discretion of the court, be condoned, always bearing in mind that the
                               PAGE 2 OF 3
                                                                982, 983, 984.odt




other side of the picture is that the opposite party may have acquired

both in equity and justice, what may now be lost by the first party’s

inaction, negligence or laches.


3.          Considering the above judgment, delay of 630 days and

reasons mentioned in the application cannot be accepted as a good

ground for condoning delay in filing Applications under Section 37 of the

Act. Accordingly, Applications so also Appeals are dismissed.



                                                (ARUN R. PEDNEKER, J.)
usm




                                  PAGE 3 OF 3


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.