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IN THE HIGH COURT OF DELHI AT NEW DELHI
JYOTI SINGH, J
SHIVGIRI ASSOCAIATES – Appellant
Versus
METSO INDIA PVT. LTD – Respondent
| Table of Content |
|---|
| 1. application for condonation of delay filed by petitioners. (Para 1 , 2) |
| 2. petitioner's arguments regarding non-receipt of the award. (Para 3 , 4 , 5 , 6) |
| 3. court's observations on the necessity of actual delivery of award. (Para 8 , 9) |
| 4. final decision and next steps regarding the petition. (Para 10 , 11 , 13 , 16) |
O R D E R
% 18.07.2025 I.A. 17020/2018 (u/S 151 of CPC)
1. This application is filed on behalf of the Petitioners seeking condonation of delay of 05 days in filing the petition.
2. Application is contested by the Respondent on the ground that the averments in the application are factually incorrect, including number of days of delay mentioned therein. It is asserted that the initial filing by the Petitioners on 01.10.2018 was non-est and the first re-filing on 30.10.2018 was thus beyond the period of 120 days prescribed under Section 34 (3) of the Arbitration and Conciliation Act, 1996 (‘1996 Act’). It is further urged that even the re-filing was not free from defects as the petition was filed without vakalatnama, award, affidavit and documents. On this basis, O.M.P. (COMM) 501/2018 Page 1 of 7 Mr. Arjun Pant, learned counsel for the Respondent submits t
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