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2023 Supreme(Del) 173

NEENA BANSAL KRISHNA
National Highway Authority Of India – Appellant
Versus
KNR Construction Limited – Respondent


Advocate Appeared:
For the Appellant :Ms. Aishwarya Bhati, Additional Solicitor General with Mr. C.S. Chauhan, Advocate.
For the Respondent:Ms. Kiran Suri, Sr. Advocate with Ms. Aishwarya Kumar & Mr. Hitender Nath Rath, Advocates.

JUDGMENT :

NEENA BANSAL KRISHNA, J.

I.A. 245/2019 (under Section 151 CPC for Condonation of Delay in filing of the petition under Section 34 of Arbitration & Conciliation Act, 1996) and I.A. 246/2019 (under Section 151 CPC for Condonation of Delay in re-filing of the petition)

1. The petitioner has filed the Petition under Section 34 Arbitration & Conciliation Act, 1996 (hereinafter referred to as “A&C Act, 1996”) on 16.11.2018 against the impugned Arbitration Award dated 30.06.2018. It is stated that the copy of the Award was received by the petitioner on 19.08.2018. The delay of 16 days is sought to be condoned vide I.A. NO. 245/2019, and vide I.A. NO. 246/2019, a delay of 61 days in re-filing of the petitioner is sought to be condoned.

2. The respondent in its reply has asserted that the petitioner has wrongly claimed that the petition has been filed within the prescribed period of 120 days. In fact, the delay is beyond 120 days from the date of receiving the Award by the petitioner. Three set of copies of the original Award were prepared. One copy was given to NHAI, HQ Dwarka, another copy was sent to the Project Director, PIU, NHAI, Odisha and the third copy was sent to the respon

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