Kal Airways Private Limited vs Spicejet Limited 2025 INSC 885 - S.37 Arbitration Act - Condonation Of Delay

Arbitration and Conciliation Act 1996 - Section 37 - While dismissing SLP against HC order which refused to condone delay in re-filing appeal under Section 37, SC observed: The Division Bench was of the view that considering the conduct of the petitioners, an inference could be drawn that the petitioners were in fact fence sitting inasmuch as they awaited the adjudication of the appeals preferred by the respondents under Section 37 of the Act as well as the Special Leave Petitions preferred by them against the said order - It was of the view that the conduct of the petitioners was such that it did not satisfy the conscience of the Court so as to condone the delay- the inference drawn by the Division Bench while refusing to condone the delay cannot be brushed away or that the conclusions drawn were without any basis. (Para 5-6)