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2021 Supreme(HP) 655

TARLOK SINGH CHAUHAN, SATYEN VAIDYA
HIMACHAL PRADESH ELECTRICITY BOARD LIMITED VIDYUT BHAWAN CHAURA MAIDAN, SHIMLA, THROUGH ITS EXECUTIVE DIRECTOR (PERSONAL) – Appellant
Versus
SHYAM INDUS POWER SOLUTION PVT. LTD. – Respondent


Advocates Appeared:
For The Appellant :MR. TARA SINGH CHAUHAN, ADVOCATE
For The Respondent:MR. NEERAJ GUPTA, SENIOR ADVOCATE WITH MR. AJEET PAL SINGH JASWAL AND MR. PANKAJ KUMAR SINGH ADVOCATES

ORDER :

The instant appeal under Section 37 of the Arbitration and Conciliation Act, (hereinafter referred to as “the Act), has been filed by the appellant for setting aside the order passed by the learned Single Judge in OMP(M) No. 63 of 2019, whereby the application for condonation of delay in filing the application under Section 34 of the Act, against the award dated 16.1.2019 came to be dismissed.

2. An arbitration award to the extent of Rs. 4,28,98,551/ alongwith interest at the rate of 6% per annum came to be passed against the appellant and aggrieved thereby, the appellant preferred an application under Section 34 of the Act for setting aside the award. Alongwith the same, he also filed an application under Section 34(3) of the Act, seeking condonation of delay in filing the same on the ground that at no point of time had the arbitrator supplied the signed copy of the award till 1.8.2019, therefore there was no occasion for the appellant to have filed the objections.

3. Learned Single Judge, after perusing the record came to the conclusion that signed copy of the award was supplied by the Arbitrator to one Robin Kumar Bansal, Assistant Executive Engineer with the respondent HPS

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