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2013 Supreme(Del) 1477

BADAR DURREZ AHMED, VIBHU BAKHRU
Delhi Development Authority – Appellant
Versus
Durga Construction Co. – Respondent


Advocate Appeared:
For the Appellant:Arun Birbal, Advocate.
For the Respondent:Samrat Nigam, Amit Punj, J. Mahajan, Advocates.

Judgment :

Vibhu Bakhru, J.

1. The appellant has preferred the present appeal impugning the order dated 06.04.2011 passed by a learned Single Judge of this court in O.M.P. No.89/2009 (hereinafter referred as the ‘impugned order’). By the impugned order, the learned Single Judge has dismissed the application bearing I.A. No.1711/2010 filed by the appellant under section 151 of CPC for condonation of delay of 166 days in re-filing the Objections under section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the ‘Act’).

2. The controversy involved in the present case is whether the delay of 166 days in re-filing the Objection under section 34 of the Act can be condoned beyond the statutory period of limitation of three months and thirty days as prescribed under section 34(3) of the Act.

3. The facts relevant for examining the controversy in the present appeal are briefly stated as under.

4. Certain disputes arose between the appellant and the respondent and the same were referred to arbitration. An arbitral award dated 02.04.2009 was made pursuant to the said reference. Being aggrieved with the award, the appellant filed an application under section 34 of









































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