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2016 Supreme(Del) 3665

BADAR DURREZ AHMED, ASHUTOSH KUMAR
HARMANPRIT SINGH SIDHU – Appellant
Versus
ARCADIA SHARES & STOCK BROKERS PVT. LTD – Respondent


Advocates Appeared:
For the Appellant : Mr. Anand Shankar with Mr. Shantanu Kumar and Mr. Narsingh N. Rai
For the Respondent: Mr. Subhash Bansal with Mr. Raghav Bansal and Mr. Shashwat Bansal

JUDGMENT :

BADAR DURREZ AHMED, J.

1. This appeal is directed against the order dated 17.02.2016 passed by a learned single Judge of this court in IA No.4311/2016 in OMP 294/2014. IA No.4311/2016 was an application under Section 5 of the Limitation Act filed on behalf of the respondent for condonation of delay of 55 days in re-filing. The said application was allowed by the learned single Judge by virtue of the impugned order dated 17.02.2016. OMP 294/2014 is a petition under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as ‘the A&C Act’) for setting aside the arbitral award dated 10.09.2013.

2. The plea of the appellant before this court is that the learned single Judge ought not to have condoned the delay of 55 days in re-filing the said petition under Section 34 of the A&C Act.

3. The learned counsel for the respondent herein raised a preliminary objection with regard to the maintainability of the present appeal. It was contended on behalf of the respondent that an appeal under Section 37 of the A&C Act could be filed only against the orders specified in Section 37(1)(a), (b) or (c). It was pointed out that the impugned order does not fall within t































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