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2010 Supreme(Del) 1242

VIKRAMAJIT SEN, MUKTA GUPTA
Competent Placement Services (Regd. ) – Appellant
Versus
Delhi Transport Corporation – Respondent


Advocates Appeared:
Mr. Tameem Hashmi, Advocate for the Appellant.
Mr. Ajay Verma, Advocate for the Respondent.

Mukta Gupta, J.

1. The short issue which arises in these appeals is whether the delay of 372 days in refiling the Objections under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as "the A&C Act") should be condoned.

2. The learned counsel for the Appellant in support of the application for condonation of delay had filed her own Affidavit stating her husband's successive surgeries as the reason for delay in refiling. Reliance is placed on State Bank of India v. Vendanathagal Dairy Farm and Others, (2000) 10 SCC 538 to seek parity of application of Section 5 of the Limitation Act as applicable to an Application for final decree in foreclosure suit under Order 34 Rule 2(1)(c)(ii), CPC. Relying on Oil and Natural Gas Corporation Ltd. v. Saw Pipes Ltd., (2003) 5 SCC 705 it is contended that since the conscious of the Court is shocked by the Award, this Court will not go into the technicalities and will consider the matter on the merits.

3. In the appeals at hand, the awards were published on 6th June, 2008 and the objections thereto were filed on 2nd September, 2008. Thus, the objections were filed within 90 days of the publication of awards. On 2nd Septe

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