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2023 Supreme(Del) 323

YASHWANT VARMA
BRAHMAPUTRA CRACKER AND POLYMER LTD. – Appellant
Versus
RAJSHEKHAR CONSTRUCTION PVT. LTD. – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Sacchin Puri, Madhurima Mridul, Shweta Arora.
For the Respondents: Mayank Mikhail Mukherjee.

JUDGMENT :

YASHWANT VARMA, J.

1. This petition preferred under Section 34 of the Arbitration and Conciliation Act, 1996 [Act] assails the validity of an award dated 31 January 2022. Undisputedly, the petition was preferred and filed before the Registry of the Court on 28 May 2022. The various defects which were pointed out by the Registry from time to time and details whereof shall be set forth in the subsequent parts of this order were ultimately removed on 13 July 2022.

2. The petition came up for initial consideration before a learned Judge of the Court on 15 July 2022. The record would bear out that the petitioner had filed I.A. No. 10796/2022 seeking condonation of twelve days delay in the refiling of the petition. The said application came to be allowed on the said date. Subsequently and when the matter was taken up before the Court on 14 October 2022, learned counsel for the respondent pressed an application numbered as I.A. No. 16763/2022 seeking recall of the order dated 15 July 2022 in terms of which I.A. No. 10796/2022 had come to be allowed.

3. The Court noticed the obj

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