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2003 Supreme(Del) 1168

S.K.MAHAJAN
DAMAYANTI BUILDERS – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
BISHVAJIT BHATTACHARYA, R.M.Sinha

S. K. MAHAJAN, J.

( 1 ) THIS application is filed by the appellant for condonation of 14 months delay in filing the appeal against the impugned order passed by the learned Additional District Judge whereby the application of the respondent under Section 34 of the Arbitration Act challenging the award of the Arbitrator was allowed and the award was set aside. It is contended in the application that the appellant was not served with the notice of the application of the respondent and he was also not aware of the pendency of the proceedings before the Additional District Judge. It is submitted that immediately on coming to know of the order having been passed by the learned Additional District Judge steps were taken to file appeal in this Court and there was thus sufficient cause for condonation of delay in filing the appeal. Reply to the application is filed by the respondent and the averments made in the application are denied. I may have closely scruntinised, the application of the appellant for condonation of delay, however, as one of the points taken in appeal against the impugned order is that the learned Additional District Judge did not have jurisdiction to entertain the appli



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