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2008 Supreme(Del) 236

SHIV NARAYAN DHINGRA
Delhi Development Authority – Appellant
Versus
Amita Nand Aggarwal – Respondent


Advocates Appeared:
D. S. Mahendru for Petitioner; Vivekanand, for Respondent.

ORDER :- By this order I shall dispose of an application under Section 34(3) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act) filed by the applicant/petitioner for condonation of delay in filing the Petition/objections under Section 34 of the Act beyond 90 days.

2. It is undisputed that under Section 34 of the Act, Objections can be filed by the aggrieved party within 90 days of receipt of award and this period can be extended by the Court on showing reasonable causes, by another period of 30 days and not beyond.

3. It is stated by the applicant that the impugned award was published by the Arbitrator on 16th October, 2006. The Petition under Section 34 of the Act was initially filed in the Court on 12th February, 2007, about 20 days after expiry of 90 days. Registry raised certain objections against the Petition. These objections of the Registry were removed and the Petition under Section 34 of the Act was re-filed on 28th February, 2007.

4. In the instant application, condonation of delay has been sought in respect of 20 days delay beyond the period of 90 days. It is stated that this Court was within its jurisdiction to condone the delay. The condona










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