D. GOPINATHAN PILLAI versus STATE OF KERALA AND ANR.

Citation: [2007] 1 S.C.R. 904 · Decided: 15-01-2007 · Supreme Court of India · Bench: AR. LAKSHMANAN · Disposal: Appeal(s) allowed

Judgment (excerpt)

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D. GOPINATHAN PILLAI 
v. 
STATE OF KERALA AND ANR. 
JANUARY 15, 2007 
[DR. AR. LAKSHMANAN AND ALTAMAS KABIR, JJ.] 
Arbitration Act, 1940: 
Application for setting aside award-3320 days delay in filing-
Condoned by civil court-High Court declining to interfere-Held, delay 
cannot be condoned without assigning any reasonable, satisfactory, 
sufficient and proper reason-Orders of Civil Court and High Court set 
aside-Delay/Laches-Delay in filing application for setting aside award 
Respondent-State Government filed an application for condoning 3320 
days delay in filing the application for setting aside the award. The civil 
court allowed the said application observing that officers of the State 
Government committed gross negligence in not filing the objection for 
such a long time but the Government should not be penalized for their fault 
The High Court dismissed appellant's revision petition. 
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Allowing the appeal, the Court 
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HELD: 
There is no dispute in regard to the delay of 3320 days in filing the 
petition for setting aside the award. When a '!landatory provision is not 
complied with and when the delay is not properly, satisfactorily and 
convincingly explained, the court cannot condone the delay, only on the 
sympathetic ground. The orders passed by the Sub-Judge and also by the 
High Court are far from satisfactory. No reason whatsoever has been given 
to condone the inordinate delay of3320 days. It is well considered principle 
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of law that the delay cannot be condoned without assigning any reasonable, 
satisfactory, sufficient and proper reason. Both the courts have miserably 
failed to comply and follow the principle laid down by this Court in catena 
of cases. [Para 5] (906-B-CI 
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 220 of2007. 
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904 
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D. GOPINATHAN PILLAI v. STATE OF KERALA & ANR. [LAKSHMANAN, J.) 905 
From the final Judgment and Order dated 13.12.2005 of the High Court 
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ofKerala at Ernakulam in C.R.P. No. 1177/2005. 
T.L. Viswanatha Iyer, T.G. Narayanan Nair, for the Appellant. 
R. Sathish, for the Respondents. 
The Judgment of the Court was delivered by 
Dr.AR.LAKSHMANAN, J. : l. Leave granted. 
2. Heard Mr. T.L.V. Iyer, learned senior counsel for the appellant and 
Mr.R.Sathish, learned counsel for the respondents. 
3. This appeal is directed against the order passed by the learned 
Single Judge of the High Court dt.13.12.2005 in C.R.P.No.1177 of2005. 
Before the High Court, it was submitted by the appellant herein (D.Gopinathan 
Pillai) that the delay in filing an application for setting aside the award was 
only 30 days and there was absolutely no explanation for the inordinate 
delay of 3320 days in filing the appeal. The High Court without going into 
the merits of the delay petition has, however, observed that the application 
to set aside the award is ultimately dismissed then the appellant cannot be 
said to be aggrieved and that if the said petition is ultimately allowed and 
the arbitral award passed in favour of the appellant is set aside then his 
remedy is to file an appeal under Section 39 of the Arbitration Act, 1940 and 
that the appellant can challenge the impugned order in that appeal, in case, 
the petition to set aside the award happened to be decided against the 
appellant. 
Reserving the said right to the appellant, the Civil Revision 
Petition was dismissed by the High Court. 
4. Our attention was also drawn to the order passed by the Principal 
Sub Judge, Thiruvananthapuram dt.30.09.2005 in I.A.No.1309/2005 in 
O.P.(Arb.) 78/1995 which was filed by the State of Kerala against the 
appellant herein. The court has considered whether the delay of 3320 days 
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in filing the petition to set aside the award can be condoned. We have 
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perused the entire order. 
However, without assigning any acceptable 
reason, Principal Sub Judge, Thiruvananthapuram has condoned the inordinate 
delay of 3320 days and allowed the I.A. filed by the State of Kerala. While 
condoning the delay, the learned Sub Judge has also observed that the 
officers of the State of Kerala has committed gross negligence in not filing 
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906 
SUPREME COURT REPORTS 
[2007] I S.C.R. 
the objection for a long period of 3320 days and, therefore, for the fault of 
the officers, the State should not be penalised. 
5. We are unable to countenance the finding rendered by the Sub 
Judge and aTso the view taken by the High Court. There is no dispute in 
regard t

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