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CHANDRA DHARI SINGH
Dy. Ce/c/jalandhar City – Appellant
Versus
Spacechem Enterprises Through Proprietor – Respondent
ORDER
Chandra Dhari Singh, J. (Oral)
I.A. No. 2843/2023 (condonation of delay)
1. The present application has been filed by the petitioner seeking condonation of delay of 137 days in filing of the petition bearing No. OMP (COMM) 459/2019 under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter "the Act") by way of which, the petitioner has sought the indulgence of this Court in setting aside the impugned Award dated 31st March 2019 and the addendum Award dated 13th May 2019.
2. The respondent's bid to the tender dated 27th October 2015 was accepted by the petitioner on 5th January 2016 and consequently, the petitioner awarded the contract to the respondent for construction of additional road over bridge opposite steel girder and structure near Existing Bhandari Bridge, ROB No.156-A at KM 510/33-34 on Jalandhar-Amritsar Section.
3. It was stipulated in the awarded contract that the allotted work has to be completed by 4th July 2016. However, near to the stipulated time of completion, disputes arose between the parties due to reasons pertaining to various claims, raw materials and delay in the project work. The respondent therefore, invoked the Arbitral Clause vid
The law of limitation aims to prevent outdated, fictitious, or fraudulent claims and requires parties to exercise their rights within the prescribed time.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 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 judgment establishes the strict interpretation and application of the limitation period under Section 34(3) of the Arbitration Act, emphasizing the requirement for sufficient cause and the mandat....
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.
Adherence to time limits stipulated under the Arbitration Act and the requirement of due diligence in seeking condonation of delay.
The main legal point established in the judgment is that the period of limitation under Section 34(3) of the A&C Act refers to three calendar months, and the benefit of Section 14 of the Limitation A....
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