Quick answer: The Section 37 appeal limitation period is 60 days for commercial disputes under Section 13(1A) of the Commercial Courts Act. Other appeals follow Article 116 or 117 of the Limitation Act: 90 or 30 days. Courts can condone delay under Section 5, but only as an exception, after Borse Brothers (2021).
Many lenders lose a strong arbitration appeal because they miss the Section 37 appeal limitation period. This guide explains which deadline applies, when courts excuse delay, and what banks, NBFCs and businesses should do once an order comes out.
What Orders Can You Appeal Under Section 37?
Section 37 of the Arbitration and Conciliation Act, 1996 lists the only appealable orders. Under Section 37(1), you can appeal a court order that refuses to refer parties to arbitration under Section 8, grants or refuses interim measures under Section 9, or sets aside or refuses to set aside an award under Section 34.
Under Section 37(2), you can also appeal a tribunal order that accepts a jurisdiction plea under Section 16(2) or 16(3), or grants or refuses an interim measure under Section 17. Section 37(3) bars a second appeal, although a Special Leave Petition to the Supreme Court remains open.
Section 37 Appeal Limitation Period: The Three Deadlines
The Act itself sets no time limit for a Section 37 appeal. Instead, the deadline comes from two other statutes:
- Commercial disputes (specified value of ₹3 lakh or more): 60 days from the order, under Section 13(1A) of the Commercial Courts Act, 2015.
- Non-commercial appeals to a High Court: 90 days under Article 116(a) of the Limitation Act, 1963.
- Non-commercial appeals to another court, or within the same High Court: 30 days under Article 116(b) or Article 117.
In practice, therefore, a lender should treat 60 days as the working deadline.
Key Case Law on Section 37 Appeal Limitation
Government of Maharashtra v. Borse Brothers Engineers & Contractors (2021) 6 SCC 460: A three-judge bench of the Supreme Court settled the law in March 2021. It applied the 60, 90 and 30-day periods above. It also overruled N.V. International v. State of Assam, which had fixed a rigid 120-day outer limit. Section 5 of the Limitation Act therefore applies. However, the Court held that courts should condone delay only by way of exception, where the appellant acted in good faith and without negligence.
State of U.P. v. Satish Chand Shivhare & Brothers (SC, 4 April 2022): The State filed its appeal 337 days late. The Supreme Court noted that the High Court wrongly relied on N.V. International. Even so, it refused to interfere, because file movement and red tape did not show sufficient cause.
Union of India v. Rajiv Aggarwal (Delhi HC, 28 May 2025): The Division Bench refused to excuse a 613-day delay. It held that file movement and a change of counsel are not sufficient cause.
Executive Engineer v. Sanjay Shankar Surve (Bombay HC, 2025): Applying the 90-day Article 116 period, the court refused to condone a 124-day delay.
Furthermore, timing affects merits. In C&C Constructions v. IRCON (2025), the Supreme Court said appellate courts have narrower scope once the Section 34 court has upheld the award.
Practical Checklist for Banks, NBFCs and Businesses
- Day 0: Note the date of the order and apply for a certified copy at once.
- Day 1–7: Decide whether the dispute is commercial and confirm the specified value. If in doubt, assume 60 days.
- Day 7–30: Get internal approvals early.
- Day 30–45: Settle the appeal and any stay application.
- Before Day 60: File. If you are late, file a detailed condonation application with dated records for each step.
- Award-holders: Seek execution promptly. In Chakradhari Surekha v. Prem Lata Surekha (15 September 2025), the Supreme Court held that a pending Section 37 appeal alone does not stop execution.
See also our arbitration and ADR services and our Section 34 challenge guide.
FAQs on Section 37 Appeal Limitation
What is the limitation period for a Section 37 appeal?
It is 60 days for commercial disputes under Section 13(1A) of the Commercial Courts Act. Other appeals get 90 or 30 days under Articles 116 and 117 of the Limitation Act.
Can a court condone delay in filing a Section 37 appeal?
Yes. Section 5 of the Limitation Act applies after Borse Brothers. Still, courts excuse delay only as an exception, for bona fide and non-negligent appellants.
Is the 120-day rule from N.V. International still valid?
No. The Supreme Court overruled N.V. International in Borse Brothers in 2021, so no rigid 120-day bar now exists.
Is administrative delay a sufficient cause?
Usually not. Courts have rejected file movement, departmental approvals and change of counsel as excuses.
Does filing a Section 37 appeal stay the award?
No. The award-holder can execute unless the appellate court grants a specific stay order.
Is a second appeal allowed after Section 37?
No. Section 37(3) bars a second appeal, but a party can still file a Special Leave Petition under Article 136.
Lex Pleaders advises banks, NBFCs and businesses on arbitration appeals, condonation applications and enforcement of arbitral awards. Write to us at lexpleadersindia@gmail.com to discuss your matter.
Disclaimer: This article offers general information only and does not constitute legal advice.