1. This Notice of Motion is taken out by the Appellants (original Petitioners) for condonation of delay of 198 days in filing the Appeal under Section 37 of the Arbitration and Conciliation Act, 1996 (Act of 1996).
2. Heard the learned counsel appearing for the parties.
3. We have noted that the date of impugned order is 6 May 2015. The Appellant/Petitioner applied for certified copy on 26.06.2015 as there was summer vacation between this period. The case that Appellant could not take final legal opinion and after discussion, later on has decided and instructed to apply for certified copy. The same was accordingly filed on 26.6.2015 The Appellant received certified copy on 1.8.2015 The Appellant thereafter, as recorded in paragraph 4, even proceeded to have a settlement talk, though disputed by the learned counsel appearing for the Respondent opposing the Motion and as it could not be materialised, ultimately instructed to challenge the said oder by filing the present Appeal. Those averments are recorded in the supporting affidavit.
4. Considering the nature of controversy and in the interest of justice as it appears that the Appellant/Petitioner has not deliberately delayed the proceedings and/or postponed the challenge as the award so passed, if remained unchallenged, the Appellant would suffer order/decree which is executable in law. Having contested Section 34 Application, even on merit, we see that there is no intentional delay to postpone filing of the present Appeal. Therefore, in the interest of justice and to give one more opportunity, we are inclined to condone the delay. Therefore, the Notice of Motion is accordingly made absolute in terms of prayer (a).
5. However, considering the facts and circumstances and the reasons so recorded above, the submission of the learned counsel appearing for the Respondent opposing the Motion need to be compensated by directing the Appellant/Petitioner to pay the cost of Rs. 25,000/- (Rupees twenty five thousand) to the Respondent, to be paid through the Advocate, within four weeks.
6. Time is granted to file vakalatnama within two weeks from today.
7. The Appeal be listed for admission after four weeks.