JUDGMENT :

1. Heard Mr. K.M. Asthana, learned Counsel for the appellant and Mr. Manu Khare, learned Counsel appearing on behalf of the respondent.

2. This is an appeal from an order of the Presiding Officer, Commercial Court, Moradabad dated 05.03.2020, refusing to condone the delay in making an application by the appellant under Section 34(2) of the Arbitration and Conciliation Act, 1996, [for short, 'the Act of 1996].

3. The facts leading to the present appeal are these:

The Moradabad Development Authority, Moradabad, hereinafter referred to as 'the appellant', entered into an agreement with M/s. V.R. Construction and Engineering Company for a civil works contract on 28.03.2009. The subject matter of the contract was construction of a 'Sourcing Hub and Warehouse' in Sector 4, Naya Moradabad Yojna, Delhi-Moradabad Road. The project subject matter of the contract is said to be worth Rs.26,03,84,722.93 only. The project was to be completed within a period of two years w.e.f. 03.03.2009. The said period would end on 02.03.2011, but was extended from time to time, as the appellant say, on the request of M/s. V.R. Construction and Engineering Company, hereinafter referred to as 'the respon