VIBHU BAKHRU
Union Of India – Appellant
Versus
Rama Contractor – Respondent
JUDGMENT
Vibhu Bakhru, J. - IA Nos. 10943/2021 & 10944/2021
1. The petitioner has filed the above-captioned petition under Section 34 of the Arbitration and Conciliation Act, 1996 (hereafter the A&C Act) impugning an arbitral award dated 25.06.2019 (hereafter the impugned award) delivered by the Arbitral Tribunal comprising of a Sole Arbitrator.
2. The petitioner has filed the aforesaid application (IA No. 10943/2021) praying that the delay of 632 (six hundred and thirty-two) days in filing the above-captioned petition be condoned. The petitioner has also filed an application (IA No. 10944/2021) seeking condonation of delay of 10 (ten) days in re-filing the above-captioned petition. It is contended on behalf of the respondent that the petition has been filed beyond the period that can be condoned by this Court in terms of proviso to Section 34(3) of the A&C Act and therefore, the applications are liable to be rejected.
3. Thus, the principal controversy to be addressed is whether this Court can condone the delay in filing the above-captioned petition and if so, whether there are sufficient grounds to do so.
4. Certain dates and events are necessary to be noted in order to address the a
Bibi Salma Khatoon vs. State of Bihar (2001) 7 SCC 197
Consolidated Engineering Enterprises vs. Principal Secretary
Dodds vs. Walker (1981) 1 WLR 1027 : (1981) 2 All ER 609 HL
In re vs. S. Metha & Ors. AIR 1970 AP 234
Sagufa Ahmed & Ors. vs. Upper Assam Plywood Products Pvt. Ltd. & Ors.: (2021) 2 SCC 317
State of Goa vs. Western Builders (2006) 6 SCC 239
State of Himachal Pradesh & Anr. vs. M/s Himachal Techno Engineers & Anr.: (2010) 12 SCC 210
Union of India vs. Wishwa Mittar Bajaj & Sons & Anr.: 141 2007 DLT 179
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.