Manmohan Singh, J.

1. By this order, I shall dispose of application under Section 5 of the Limitation Act read with Section 151 CPC being I.A. No. 6734/08 for condonation of delay in re-filing of the petition under Section 34 of the Arbitration and Conciliation Act, 1996 for setting aside the award dated 2nd June, 2007 passed by the learned arbitrator.

2. It is contended by the applicant that the impugned award was passed on 2nd June, 2007 by the learned sole Arbitrator in Arbitration Application No. 241/03 wherein the learned Arbitrator passed an award of Rs. 52,05,367/- with interest @ 12% p.a. thereon from 2nd June, 2007 till date of payment as per terms of the award.

.3. The petition under Section 34 of the Act was initially filed in the court on 9th August, 2007 vide diary No. 103209 which is within the time period prescribed under the Act. The Dealing Assistant on 13th August, 2007 raised certain objections:

.(a) Caveat report be obtained;

.(b) Memo of Party be filed ; and

.(c) Urgent application not signed

4. The objections were removed and it was re-filed again on 31st October, 2007. It was mentioned that the urgent petition was not being filed and the petition may