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MANOJ KUMAR OHRI
Ravi Batra – Appellant
Versus
New Ifs Cooperative Group Housing Society Ltd. – Respondent
JUDGMENT
Manoj Kumar Ohri, J. (Oral)
I.A. 4887/2019 (u/Sec. 151 CPC by petitioner)
1. By way of present application, the petitioner seeks condonation of delay of 9 days in re-filing the present petition filed under Section 34 of the Arbitration & Conciliation Act (hereinafter, the A&C Act) impugning Award dated 20.11.2018 delivered by the Arbitral Tribunal comprising of Sole Arbitrator in relation to Contract Agreement dated 15.12.2012 entered into between the parties.
2. The respondent has taken an objection that the initial filing of the petition on 15.02.2019 was not a valid filing and as such, was non est. In response, the petitioner has placed on record an affidavit giving details of filing status as on 15.02.2019 as well as the objections raised by the Registry.
3. Mr. Raman Kapoor, learned Senior Counsel for the petitioner contended that the petition was filed within limitation on 15.02.2019 was a substantive and valid petition complete in all respects. The petition was duly signed and at the time of initial filing, it was accompanied with duly sworn affidavit, the impugned Award and the Vakalatnama. Registry raised objections, which were only procedural, and after removing
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 failure to file essential documents alongside a Section 34 application renders the filing 'non-est', thus failing to stop the limitation period, leading to dismissal of the petition.
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The law of limitation aims to prevent outdated, fictitious, or fraudulent claims and requires parties to exercise their rights within the prescribed time.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 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 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.
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