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2002 Supreme(Del) 1784

K.S.GUPTA
DSA ENGINIRS (BOMBAY) – Appellant
Versus
HOUSING AND URBAN DEVELOPMENT CORPORATION (HUDCO) – Respondent


Advocates Appeared:
ANURAG AGRAWAL, B.S.SHUKLA, CHETAN SHARMA, P.N.Kumar, Vikas Sharma

K. S. GUPTA

( 1 ). This order will govern the disposal of i. A. 10715/01 under sections 34 (3) and 43 of the Arbitration and Conciliation Act, 1996 (for short the act of 1996 ) and I. A. 11576/01 under section 151 CPC filed by the objector.

( 2 ) I. A. 10715/01 was filed on 291h 0ctober , 2001 alleging that Objector has filed objections under section 34 impugning the award dated 30th June 2001. On receipt, of copy of award, Objector filed application under section 14 of the Arbitration Act, 1940 (for short the "act of 1940 ) for getting the award filed in original alongwith depositions and documents in court which was contested by non-objector/claimant. By "the order dated 4th October 2001 this application was dismissed. Objector was prevented by sufficient cause from filing the objections within the period of 3 months. It was prayed that by invoking proviso appended to sub section (3) of section 34 of the Act of 1996 the objections may be allowed to be entertained.

( 3 ) I. A. 11576/01 was filed in continuation of i. A. 10715/01 on 12th December 2001 for entertaining the objections explaining the circumstances how the Objector was under the bonafide belief that award dated 30th Ju











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