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2022 Supreme(Raj) 440

ANOOP KUMAR DHAND
Bal Kishan Sharma S/o Late Shri Rewatilal – Appellant
Versus
Ram Transport Finace Limited, Through Authorized Officer – Respondent


ORDER :

1. None is present on behalf of appellant even in the second round.

2. This appeal is lying in defect side since 2020 but no steps have been taken for removing the same till date. It appears that the appellant is not interested in pursuing with this appeal.

3. This appeal is also barred by 615 days. Application under Section 5 of the Limitation Act has also been filed but the Court is not satisfied with the reasons recorded in the said application. Even from bare perusal of the order dated 09.04.2018 passed by the Additional District Judge No.11, Jaipur Metropolitan in Civil Misc. Case No.1016/2015, it is clear that the objections filed by the appellant under Section 34(3) of the Arbitration and Conciliation Act were not submitted within time.

4. For ready reference Section 34(3) of the Act of 1996 is reproduced as under:-

    “Section 34(3):-An application for setting aside may not be made after three months have elapsed from the date on which the party making that application had received the arbitral award or, if a request had had been made under Section 33, from the date on which that request had been disposed of by the arbitral tribunal:”

5. It is not in dispute that the a

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