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2021 Supreme(Guj) 612

R.M.CHHAYA, NIRZAR S.DESAI
New India Assurance Company Limited – Appellant
Versus
Alps Chemicals Private Limited – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Vibhuti Nanavati
For the Defendant : Mr. Apurva Vakil for Mr. Anmol A Mehta

JUDGMENT :

NIRZAR S. DESAI, J.

1. Admit.

2. This appeal under Section 37 of the Arbitration and Conciliation Act, 1996 (for short, ‘Act, 1996’) arises out of the judgment dated 25.06.2021 passed below Exh.12 in Commercial Civil Misc. Application No.313 of 2021 (Old Commercial Civil Misc. Application No.11 of 2019) whereby the learned Judge, Commercial Court, Ahmedabad dismissed the application preferred by the present appellant being Commercial Civil Misc. Application No.313 of 2021 for condonation of delay of 51 days in filing application for setting aside the arbitral award under Section 34 of the Act, 1996. Vide order dated 02.09.2021 this Court recorded the agreement arrived at between the parties to the effect that the matter be finally disposed of taking into consideration the written arguments submitted by both the sides and hence in view of that agreement arrived at between the parties while disposing of this appeal, we have taken into consideration the papers supplied by both the sides, which is forming part of the record of the trial court, and not disputed by either s

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