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2021 Supreme(P&H) 1620

ANIL KSHETARPAL
Parsvnath Developers Ltd. – Appellant
Versus
Wisecan Engineering Pvt. Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Gunjan Rishi, Advocate
For the Respondent:Mr. Vilas Sharma, Advocate

JUDGMENT :

ANIL KSHETARPAL, J.

1. Through this appeal filed under Section 37 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as ‘A&C Act’), the appellant assails the correctness of the order dated 12.11.2020 passed by the learned Additional District Judge while dismissing the application seeking condonation of delay in filing the petition u/s 34 of A& C Act.

The Facts:-

2. Some skeleton facts are required to be noticed. In this case, the sole Arbitrator commenced the proceedings under A&C Act in view of a reference made by the Micro and Small Enterprises Facilitation Council,(hereinafter referred to as 'the Council) in exercise of the powers conferred under Section 18 of the Micro Small and Medium Enterprises Development Act, 2006 (hereinafter referred to as the ‘MSMED Act 2006’) The Arbitrator, after reserving on 24.09.2018, pronounced the award on 27.09.2018. A photocopy of the award is available on the record requisitioned from the Court. On careful perusal thereof, it becomes apparent that a copy of the award was received by one person on 29.09.2018. Learned counsel representing the respondent submits that he has received a copy of the award. There is no endo

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