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2023 Supreme(Del) 1939

NEENA BANSAL KRISHNA
Airports Authority of India – Appellant
Versus
Tdi International India Private Limited – Respondent


Advocates appeared:
Mr. K.K. Rai Senior Advocate along with Mr. Vaibhav Kalra and Ms. Neha Bhatnagar, Advocates, for the Petitioner.
Mr. Ashish Mohan and Mr. Samarth Chowdhary, Advocates, for the Respondent.

JUDGMENT

I.A. No.2572/2021

1. This is an application under Section 5 of the Limitation Act, 1963 has been filed on behalf of the petitioner seeking condonation of one (1) day delay in re-filing the petition.

O.M.P. (COMM.) No. 70/2021

2. It is submitted in the application that the petitioner has filed the petition under Section 34 of the Arbitration & Conciliation Act, 1996 (hereinafter referred to as "A&C Act, 1996") against the impugned order dated 17.10.2020 on 14.01.2021 vide Diary No. 83064/2021, which is within 90 days from the date of receiving the Award on 17.10.2021.

3. Certain objections were raised by the Registry, which were removed and the petition was re-filed. Subsequently, certain other objections were taken, which were removed and the petition was finally accepted. However, there was a delay of one (1) day in re-filing the petitioner. Hence, a prayer is made that the same may be condoned.

4. Submissions heard.

5. Section 34 (3) of the A & C Act, 1996 prescribes the limitation for filing the objections against the Arbitral Awards and reads as under:

    "(3) An application for setting aside may not be made after three months have elapsed from the date on which the par

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