Very recently as far as in March 2021, a Full Bench of the Supreme Court of India headed by Hon’ble Mr. Justice Rohinton F Nariman in Government of Maharashtra v. M/s Borse Brothers Engineers & Contractors Pvt. Ltd.,2021 SCC OnLine SC 233[“Borse Brothers case”] clarified the law on the applicability and scope of condonation of delays in filing of appeals under section 37 of the Arbitration and Conciliation Act, 1996["A&C Act"], and overruled its own earlier Division Bench decision in NV International v. State of Assam,(2020) 2 SCC 109[“NV International case”].The Supreme Court held that a delay in filing appeals under Section 37 of the A&C Act can be condoned by the Appellate court. However, such condonation must be granted only by way of exception and not as a matter of rule considering the object behind enacting the law.
