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2023 Supreme(Mad) 3036

ABDUL QUDDHOSE
Vikranthi Foundations, Rep. by its Partner, Ajeeth – Appellant
Versus
Orient Builders, Rep. by its Managing Partner, Jose Thomas – Respondent


Advocates:
For the Petitioner:R. Subramanian, Advocate. For the Respondent:P.G. Aishwariya, Advocate.

JUDGMENT

(Prayers in A. No.3370 of 2023: Application filed under Order XIV rule 8 of the Original Side Rules R/w Section 5 of the Limitation Act to condone the delay of 54 days in filing the application D. No.57701 of 2023 in Arbitration Original Petition (Commercial Division) D. No.56125 of 2022.

In A. No.3371 of 2023:Application filed under Order XIV rule 8 of the Original Side Rules R/w Section 5 of the Limitation Act to condone the delay of 54 days in filing the application D. No.57712 of 2023 in Arbitration Original Petition (Commercial Division) D.No.56125 of 2022.)

Common Order:

1. The issue that arises for consideration in this matter is whether the learned Master was right in dismissing the applications filed by the applicant a) seeking to condone the delay of 191 days in representing the petition filed under Section 34 of the Arbitration and Conciliation Act, 1996; seeking to condone the delay of 211 days in paying the Deficit Court fee of Rs.1,00,000/- and b) as to whether the rigours of Section 34(3) of the Arbitration and Conciliation Act, 1996, which prescribes the li

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