INTRODUCTION
A three-judge bench of the Supreme Court of India (Supreme
Court), comprising Justices R.F. Nariman, Navin Sinha, and K.M.
Joseph, vide a judgment dated 11 February 2021 in the case of
Chintels India Limited v Bhayana Builders Private Limited held that
an appeal under Section 37(1)(c) of the Arbitration and
Conciliation Act, 1996 (1996 Act) is maintainable against an order
refusing to condone delay in filing a setting aside application
under Section 34 of the 1996 Act.
FACTUAL BACKGROUND
The Appellant filed a petition before the High Court of Delhi
(High Court) to set aside an award passed by the Arbitral Tribunal
accompanied by an application seeking condonation of delay of 28
days in filing and 16 days in re-filing the petition. However, vide
order and judgment dated 4 June 2020, the learned single judge of
the High Court dismissed the application for condonation of delay,
and consequently the setting aside petition, as the same was beyond
the
