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2008 Supreme(Del) 111

MANMOHAN SARIN, VEENA BIRBAL
UNION OF INDIA – Appellant
Versus
MAHAVIR INDUSTRIES – Respondent


Advocates Appeared:
Mr. Jaswinder Singh, Advocate
Mr. Shiv Khorana, Advocate

Per Veena Birbal, J.

CM No.16680/2008

There is a delay of 20 days in filing the present appeal. In view of the reasoning stated in the application which is supported with affidavit of Shri Dinesh Kumar Singh, Dy. Director of Supply of appellant, delay in filing the present appeal stands condoned.

FAO(OS) No.733/2006

1. Present is an appeal under Section 37 of the Arbitration and Conciliation Act 1996 (in short the Arbitration Act) against the order dated 14th September, 2006 by which the application under Section 34 of the Arbitration Act of the appellant has been dismissed by learned Single Judge of this Court on the ground of limitation.

2. Briefly the facts necessary for the disposal of the present appeal are that the appellant, Union of India through Director General of Supplies and Disposal entered into a contract with respondent M/s Mahavir Industries for supply of 55 km of 150 sq. mm ASCR conductor. Certain disputes arose between the parties which were referred for arbitration to the sole Arbitrator Shri B.L. Nishad. The Arbitrator made the award on 28.2.2001, in favour of respondent regarding claims No.1 and 4. Aggrieved by the aforesaid award, appellant filed objections b




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