HIGH COURT OF DELHI
SOUTH INDIA SHIPPING AND EXPORT CO. – Appellant
Versus
TRIBAL COOPERATIVE MARKETING DEVELOPMENT FEDERATION OF INDIA LTD. – Respondent
J U D G M E N T
G.P. MITTAL, J. (ORAL)
1. An Objection Petition under Section 34 of the Arbitration and Conciliation Act, 1996 (the Act) was preferred by the Petitioner (herein) on 16.01.2009 challenging the award dated 23.10.2008 passed by the Arbitrator. The Objection Petition came to be dismissed by the Learned Single Judge by an order dated 02.04.2009. Aggrieved by the order dated 02.04.2009 the Appellant preferred a Special Leave Petition (SLP) before the Hon’ble Supreme Court 18.03.2010. By an order dated 14.05.2010 the Appellant was permitted to withdraw the SLP with liberty to seek appropriate remedy available under law against the order dated 02.04.2009 passed by the learned Single Judge.
2. The Appellant filed an Appeal under Section 37 of the Act on 6th August, 2010. Along with the aforesaid Appeal an application under Section 5 of the Limitation Act was preferred for condonation of delay of 433 days in filing the Appeal. The application for condonation of delay and consequently, the Appeal was dismissed by the order dated 24.12.2012 holding that the Appellant’s conduct showed that there was gross negligence, inaction and want of bonafides.
3. The Appellant seeks review of t
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