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2007 Supreme(Del) 505

GITA MITTAL
Union of India – Appellant
Versus
Wishwa Mittar Bajaj and Sons – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff: R.V. Sinha and A.S. Singh, Advs.
For Respondents/Defendant: Harish Malhotra, Sr. Adv. and Tanuj Khurana, Adv.

JUDGMENT

Gita Mittal, J.

1. The petitioner has filed objections under Section 34 of the Arbitration & Conciliation Act, 1996 challenging the arbitration award dated 25th July, 2005 passed by the sole arbitrator in favor of the claimant/respondent. This petition was beyond the limitation prescribed under Section 34 of the Arbitration & Conciliation Act, 1996. Consequently, the petitioner has filed I.A. No. 9821/2005 under Section 34(3) of the Arbitration & Conciliation Act, 1996 praying for condensation of the delay. The respondent/claimant in the arbitration proceedings has vehemently opposed this application pointing out that the objections have been filed beyond the period which is permissible for condensation of delay and for this reason, the same have to be rejected.

2. Such a prayer has also been made by the respondent by way of I.A. No. 1759/2006 which has been filed under Order 7 Rule 11 of the Code of Civil Procedure.

3. Inasmuch as the two aforesaid applications entail consideration of the same facts, the same have been taken up together for hearing and are being disposed of by this common order.

4. From the facts ultimately emerging on record, there is no dispute to the



















































































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