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2007 Supreme(Del) 791

VIKRAMAJIT SEN, J.P.SINGH
NATIONAL PROJECTS CONSTRUCTIONS CORPORATON LIMITED – Appellant
Versus
BUNDELA BANDHU CONSTRUCTIONS COMPANY – Respondent


Advocates Appeared:
ANSHUL SINGH, SANTOSH KUMAR, SEEMA BENGANI


VIKRAMAJIT SEN, J.

( 1 ) THIS Appeal assails the Order of the learned Single Judge passed on 9. 12. 2004 dismissing the Appellant's Objections under Section 34 of the arbitration and Conciliation Act, 1996 (for short 'a and C Act') on the grounds that they had been filed beyond the period stipulated by the statute. The application for condoning the delay in filing these Objections has been dismissed holding that the Court did not possess any power to condone the delay. The learned Single Judge has applied the Judgment of the Supreme Court in Union of India -vs- Popular Construction Co. , (2001) 8 SCC 470 = 2001 (6) Scale 657, and in particular paragraph 12 thereof. Having dismissed the Objections the learned Single Judge had also directed that the Bank Guarantees retained by the respondent/judgment Debtor should also be returned on or before 15. 1. 2005.

( 2 ) THE assailed Award purports to have been signed on 20. 1. 1997. Execution proceedings have inexplicably been initiated by the Respondent after the passage of seven years thereafter. The Appellant/objector categorically contends that a copy of the Award was not delivered to it at any time, even though this was statutorily re
























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