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2022 Supreme(Del) 1980

SURESH KUMAR KAIT, SUDHIR KUMAR JAIN
Indian Oil Corporation Ltd. – Appellant
Versus
Standardcasting Pvt. Ltd. – Respondent


ORDER

Sudhir Kumar Jain, J.

This order shall decide an application dated 10.02.2021 filed by the appellant under Section 5 of Limitation Act, 1963 read with Section 151 of the Code of Civil Procedure, 1908 for condonation of delay of 338 days in filing the present appeal.

1. Brief facts of the case are that the appellant is one of the largest Corporations engaged in supply of fuel and other allied products throughout India. The respondent is largest manufacturer of refuellers in India and is serving the appellant since the last over 30 years. The appellant vide letter dated 12.02.2002 containing terms and conditions placed an order with the respondent for fabrication and supply of 5 Nos. 27 KL capacity aviation articulated refuellers with tank made up of mild steel material. Due to disputes and differences arose between the appellant and the respondent, the respondent vide legal notice dated 19.08.2006 invoked the Arbitration Clause contained in the contract and sought for an appointment of an Arbitrator. The appellant through Director (Marketing) appointed M K Jain as Sole Arbitrator who entered on reference on 29.08.2007. The Sole Arbitrator vide Arbitral Award dated 16.03.2011 (h

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