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2016 Supreme(SC) 1118

S.A.BOBDE, ASHOK BHUSHAN
Northern Railway – Appellant
Versus
Pioneer Publicity Corp. Pvt. Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Kiran Suri, Ms. Ritu Bhardwaj, Mr. Shreekant N. Terdal
For the Respondent: Mr. Amarjit Singh Chandiok, Ms. Manmeet Arora, Mr. Chand Chopra, Ms. Sweta Kakkad, Mr. Sarvesh Singh

ORDER :

Leave granted.

2. The appellant is aggrieved by the decision of the Delhi High Court dated 1.9.2015 in FAO (OS) No. 436 of 2015 refusing to condone a period of 65 days in re-filing the objections under Section 34 of the Arbitration and Conciliation Act, 1996 (for short 'Act'). The award was delivered on 29.10.2012. Admittedly, the objections under Section 34 were filed within the time stipulated under Section 34 of the Act. However, since there was objections, time was granted on 23.1.2013 by the Deputy Registrar of the High Court to remove the objections within a period of 7 days. This was not done.

3. Eventually, the appellant re-filed the matter on 21.3.2013 the explanation given by the appellant is that the amount of court fees to the extent of Rs.8,94,000/- was to be arranged and that took some time. The appellant is the Northern Railway and while it is difficult to condone such inefficiency which seems to be a persistent reality with the organisation, such as the Northern Railway, that took time in arranging even the small things. Mr. Amarjeet Singh Chandiok, learned senior counsel appearing for the respondent submitted that Section 34(3) of the Act bars re-filing beyond






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