N.V. International v. State of Assam, (2020) 2 SCC 109 has been wrongly decided and is therefore overruled.
For appeals filed under Section 37 of The Arbitration and Conciliation Act, 1996 that are governed by Articles 116 and 117 of The Limitation Act, 1963 or Section 13(1A) of The Commercial Courts Act, 2015 a delay beyond 90 days, 30 days or 60 days, respectively, is to be condoned by way of exception and not by way of rule. In a fit case in which a party has otherwise acted bona fide and not in a negligent manner, a short delay beyond such period can, in the discretion of the Court, be condoned, always bearing in mind that the other side of the picture is that the opposite party may have acquired both in equity and justice, what may now be lost by the first party’s inaction, negligence or laches.
– Hon’ble Justice R.F. Nariman, Government of Maharashtra v. M/s. Borse Brothers Engineers & Contractors Pvt. Ltd., [Civil Appeal No. 995 of 2021].