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2020 Supreme(Del) 578

JYOTI SINGH
Indira Gandhi National Open University – Appellant
Versus
Sharat Das & Associates Pvt. Ltd. – Respondent


Advocates Appeared:
Sanjeev Sindhwani, Advocate, Harmeet Singh Ruprah, Advocate, Navjot Singh, Advocate, Sandeep Sharma, Advocate, Aman Dhyani, Advocate, Sarthak Mannan, Advocate, Kanchan Semwal, Advocate

JUDGMENT

Jyoti Singh, J. - IA No. 719/2019 (u/Section 14 of the Limitation Act) & IA No. 720/2019 (Condonation of delay in refiling of the petition)

    1. Present petition has been filed under Section 34 of the Arbitration and Conciliation Act, 1996 challenging an Award dated 25.04.2018 passed by the Arbitral Tribunal.

    2. I.A. 719/2019 has been filed for excluding the time of 30 days in filing the present petition, under Section 14 of the Limitation Act. It is averred in the application that the petition was initially filed challenging the Award before the District Court, Saket on 24.07.2018 and was within the statutory period of limitation. However, on account of lack of pecuniary jurisdiction, the same was dismissed as withdrawn vide order dated 28.08.2018 passed in Arb. No. 233/2018 with liberty to approach the appropriate Forum. The certified copy of the order dated 28.08.2018 was made available on 31.08.2018 and the present petition was filed on 11.09.2018. Petitioner had approached the District Court diligently and thus the period of 30 days spent in prosecuting the case in the said Court, should be excluded for granting the benefit in condonation of delay.

      3. I.A. 720/2019 has b

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