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2006 Supreme(Del) 1315

MUKUNDAKAM SHARMA, HIMA KOHLI
RAMEY – Appellant
Versus
M. C. D. – Respondent


Advocates Appeared:
MINI PUSHKARNA, V.K.Shali


HIMA KOHLI, J.

( 1 ) THE present appeal arises out of the judgment dated 11th April, 2002 passed by the learned Single Judge in Suit No. 2752/1993, rejecting the objections filed by the appellant/respondent under Sections 30 and 33 of the indian Arbitration Act, 1940 (hereinafter referred to as `the Act') in the suit, and making the award dated 5th October, 1993 published by the learned arbitrator, rule of the court.

( 2 ) ALONG with the present appeal, the appellant has filed an application under Section 5 of the Limitation Act (for short `the Limitation act') for condoning a delay of 1203 days in preferring the present appeal. It is submitted by the appellant that he was not made aware of the impugned judgment by his counsel and that the said judgment came to his knowledge only around 15th July, 2005 when he received a copy of the execution application calling upon him to appear in court on 5th August, 2005. The appellant states that he was under the impression that his objections were still pending as he was informed by his counsel that as and when the same would come up for hearing, the appellant would be so intimated. The appellant has also stated that he is a poor and illit















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