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DELHI HIGH COURT
MANMOHAN SINGH
Bijoy Kumar Bazaz – Appellant
Versus
Yamaha Motor Pvt. Ltd. – Respondent


JUDGMENT

Manmohan Singh, J. (Oral)

I.A.No.19722/2012 (for condonation of delay of 225 days in re-filing the petition)

1. The abovementioned objections petition has been filed by the petitioner under Section 34 of the Arbitration and Conciliation Act, 1996 (in short, called the "Act") against the Award dated 7th September, 2011 passed by the sole Arbitrator Mr.Harish Kumar Puri.

2. Along with the petition, the petitioner filed an application under Section 151 CPC for condonation of delay of 225 days in re-filing the petition. The only ground for such delay stated in the application is that the office of the counsel for the petitioner shifted to a new location due to which files were transferred and in the process the file of the petitioner could not be located within time. Therefore, the prayer is made for condonation of delay of 225 days in re-filing of the petition.

3. The application is strongly opposed by the respondent. According to the respondent, the delay is not of 225 days in re-filing of the petition cannot be condoned.

4. The point of delay of re-filing been discussed in detail by the Division Bench of this Court in the case Delhi Transco Ltd. & Anr. Vs. Hythro En

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