Neutral Citation No. - 2025:AHC-LKO:39758 Court No. - 8 Case :- APPEAL UNDER SECTION 37 OF ARBITRATION AND CONCILIATION ACT 1996 No. - 9 of 2020 Appellant :- General Manager Food Corporation Of India Lucknow And Another Respondent :- M/S Bankey Lal Mohan Lal Through Partner Ravi Shankar And Anr. Counsel for Appellant :- Kamesh Gupta Hon'ble Jaspreet Singh,J. ( Order on Application under Section 5 of the Limitation Act) 1. Heard learned counsel for the appeal. 2. The instant appeal has been preferred under Section 37 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the "Act of 1996"). 3. The record indicates that the office had reported that the appeal was barred by 2446 days as on 24.2.2020. The record further indicates that by means of the order dated 2.3.2020, the notices were issued to the respondents on the application under Section 5 of the Limitation Act. As per the office report dated 18.12.2020, the notices have returned unserved. 4. Be that as it may, this Court is required to consider whether the instant appeal which is barred by 2446 days, can be entertained by a court in terms of Section 37 of the Act of 1996. 5. From perusal of the order-sheets, it indicates that on 27.2.2020, this Court had directed the learned counsel for the appellant to urge on the maintainability of the appeal in light of the decision of the Hon'ble Apex Court in the case of N.V. International v. State of Assam, (2020) 2 SCC 109. It will be relevant to notice that the correctness of this judgement of the Apex Court was doubted and the matter was referred to a larger Bench where the Apex Court in the case of Government of Maharashtra (Water Resources Department) Represented by Executive Engineer v. Borse Brothers Engineers and Contractors Private Limited : (2021) 6 SCC 460, has held that primarily an appeal under Section 37 of the Act of 1996 or arising out of the commercial courts ordinarily must be considered to be filed within 120 days. Only in certain circumstances, a short delay beyond the said period can be condoned. 6. The aforesaid decision of Borse Brothers(supra) was followed by the Division Bench decision of this Court in The Project Director, UPHSDP, Lucknow and others Vs. Commercial Court No.1 Lucknow and others ( Neutral Citation No.2025:AHC-LKO:26557). 7. The same issue was dealt with by another Division Bench of this Court in which ( Jaspreet Singh,J) was a member in case of Chief Executive Officer, UPRRDA, Lucknow and others Vs. S.B.Enterprises, VIII, LOHATA : 2025 SCC Online ALL 1474, decided on 18.3.2025 wherein it was held as under ( paragraph 7) :- "7. The law in relation to condonation of delay in cases relating to the Arbitration and Conciliation Act is well settled as the Hon'ble Supreme Court in Government of Maharashtra (Water Resources Department) Represented by Executive Engineer v. Borse Brothers Engineers and Contractors Private Limited : (2021) 6 SCC 460, has laid down as under : "63. Given the aforesaid and the object of speedy disposal sought to be achieved both under the Arbitration Act and the Commercial Courts Act, for appeals filed under section 37 of the Arbitration Act that are governed by Articles 116 and 117 of the Limitation Act or section 13(1-A) 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 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." 8. In the light of the aforesaid decisions which are binding on this court as well as considering the affidavit filed by the appellant alongwith the application seeking condonation of delay, this Court cannot persuade itself to bring it within the period of limitation since the delay is humongous and not appropriately explained, accordingly application for delay condonation is hereby rejected. 9. Consequently, the appeal also stands dismissed. Order Date :- 11.7.2025 Shukla Digitally signed by :- ASHUTOSH KUMAR SHUKLA High Court of Judicature at Allahabad, Lucknow Bench