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2001 Supreme(Del) 45

VIKRAMAJIT SEN
INTERNATIONAL SECURITY AND INTELLIGENCE AGENCY LIMITED – Appellant
Versus
MUNICIPAL CORPORATION OF DELHI – Respondent


Advocates Appeared:
APURAB LAL, K.S.Sidhu, Pardip Nandrajog, R.P.Bansal

Vikramajit Sen

( 1 ) SUIT No. 569-A of 1997 has been filed for making the Award relating to case No. ARB/jc/1 dated 14/03/1997, passed by Justice Jagdish Chandra (Retd.) as Rule of the Court and for passing of a decree in terms thereof. The Respondent, the Municipal Corporation of Delhi (MCD) has filed Objections to this Award on 27/05/1997, in terms of their application numbered as IA. 9207/97. Both these actions shall be disposed off by this judgment. The Petitioner/claimant immediately raised the preliminary objection that this application cannot be considered on merits since it was barred by limitation. The averment is that the MCD was served with a copy of S. No. 569-A/1997, (being the petition under Section 14 of the Arbitration Act, 1940) through its Commissioner (Respondent No. 1) and its Commissioner (Slum and JJR) (Respondent No. 2) on 3/04/1997. While these averments have not been controverted by the MCD, it is their contention that the period of Limitation should be reckoned from 28/04/1997 on which date Respondent No. 3, i. e. Director (Administration) Slum Wing (Sandjj) had been served, and if so reckoned, the Objections filed on 27. 5. 1997 are palpably within time.

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