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JAVED IQBAL WANI
Mool Raj Chadha & Sons – Appellant
Versus
Union of India – Respondent
JUDGMENT :
1. This order shall disposed of the instant application seeking condonation of delay in filing an appeal against the order dated 05.11.2015 passed by Court of Principal District Judge, Jammu rejecting the application filed by the appellant/applicant herein under Section 34 of the Arbitration and Conciliation Act, 1997. There is a delay of 319 days which is sought to be condoned.
2. On facts of the present case, Arbitration award dated 14.01.2012 passed by non-applicant No. 3 herein, was thrown challenge to by the applicant herein, under Section 34 of the Arbitration and Conciliation Act, 1997.
3. The said petition came to be instituted on 26.03.2012 and dismissed on 05.11.2015 by the Court of Principal District Judge, Jammu. The said order is being questioned by the applicant in a time barred appeal under Section 37 of the Act accompanied with the instant application for condonation of delay.
4. In the application, it is being stated that the applicant herein, has been subjected to harassment by respondent Nos. 1 and 2 which landed him with a serious heart disease in the year 2010.
5. The applicant contends that his wife also suffered major heart attack on account of severe d
The court emphasized the strict application of the law of limitation and highlighted that delay beyond the prescribed period should be condoned only in exceptional cases where the party has acted bon....
A delay beyond the prescribed period can only be condoned in exceptional cases. The court has the discretion to condone a short delay if the party has acted bona fide and not in a negligent manner. T....
The court established that appeals under Section 37 of the Arbitration and Conciliation Act must be filed within 60 days, with a grace period of 30 days, and that delays beyond this period are not to....
The court emphasized that delay in filing appeals under the Arbitration Act must be justified by sufficient cause, with negligence being insufficient for condonation.
The court established that delays in appeals under the Arbitration Act are to be strictly limited, with condonation only in exceptional circumstances where compelling reasons are provided.
The court held that adequate and sufficient cause must be shown for condoning delays beyond the statutory period of 60 days in appeals under the Commercial Courts Act and that administrative delays d....
Misleading submissions in applications for condonation of delay undermine credibility, leading to dismissal of such applications.
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