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2007 Supreme(Cal) 728

PINAKI CHANDRA GHOSE, S.S.NIJJAR
STATE OF WEST BENGAL – Appellant
Versus
Afcons Infrastructure Ltd. – Respondent


Advocates appeared:
Indrajit Sarkar, Shyamal Ganguly, for Appellant; Jayanta Mitra, Sr. Adv., Debal Banerjee, Sr. Adv., Bijon Majumdar, for Respondent.

JUDGMENT :- We have heard the counsel for the appellant. The order passed by the Trial Court would show that the petition for setting aside the Award was not filed by the State within a period of 90 days as stipulated under Section 34(3) of the Arbitration and Conciliation Act, 1996. In fact, the petition was received in the Central Filing Section on 19th of June, 2007 when the period of 90 days expired on 14th of June, 2007. The petition was, however, filed within a period of one month after the expiry of 3 months time from the date of the Award dated 18-2-2007 corrected on 13-3-2007. Taking note of the aforesaid fact, the Trial Court granted liberty to the petitioner to file an application seeking condonation of delay for the period between the time when 90 days expired and the date when the application was filed in Court. It was also directed that liberty so granted would remain in effect if the petitioner chose to act in terms thereof within a period of two weeks from the date of the Order, that is, 31st of July, 2007. Even this direction was not complied with by the Appellant-State. Ultimately, on the next date, the learned single Judge has observed that the liberty granted by



















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