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NEENA BANSAL KRISHNA
Airports Authority of India – Appellant
Versus
Tdi International India Private Limited – 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
The Court emphasized the importance of diligence in addressing procedural defects and allowed the condonation of delay based on the petitioner's consistent efforts to rectify the objections.
The judgment establishes the principle that inordinate delay in refiling an application under the Arbitration and Conciliation Act without sufficient justification cannot be condoned.
The court adopted a liberal and justice-oriented approach in condoning the delay, considering the petitioner's explanation for the delay and citing relevant case laws.
The Court emphasized the importance of due diligence and dispatch in exercising the right to challenge an Arbitral Award within the prescribed time, as per the provisions of the Arbitration Act.
The law of limitation aims to prevent outdated, fictitious, or fraudulent claims and requires parties to exercise their rights within the prescribed time. The Court emphasized the need for due dilige....
The court emphasized the strict timelines prescribed in the Arbitration and Conciliation Act and the Limitation Act, and held that delays beyond the statutory periods cannot be condoned.
The main legal point established in the judgment is that a filing can be considered as 'Non-est' only if it is filed without any signatures of either the party or its authorised counsel, and that the....
Condonation of delay in re-filing under Section 34 of the Arbitration and Conciliation Act is permitted when the initial filing is within the time limit, emphasizing merits over technicalities.
The judgment established the application of Section 14 of the Limitation Act, 1963, in justifying the delay in filing the application under Section 34 of the A&C Act, and highlighted the discretion o....
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