IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
G.S. Sandhawalia, CJ, Ranjan Sharma, J
State of H.P. & others – Appellant
Versus
Dharam Singh Rana – Respondent
| Table of Content |
|---|
| 1. judge's finding on procedural failure affecting filing timelines. (Para 3) |
G.S. Sandhawalia , Chief Justice ( O ral)
The present Appeal under Section 37 of the Arbitration and Conciliation Act 1996 (for short ‘the Act’) seeks consideration of the order dated 26.07.2024, passed by the learned Single Judge in Arbitration Case No. 701 of 2024, titled State of Himachal Pradesh & others Vs. Dharam Singh Rana, whereby the application for condonation of delay of 319 days in filing the application under Section 34 of the Act was dismissed
on the ground that it was beyond the period of 120 days keeping in view of the provisions of Section 34 of the Act.
2. Reliance was placed upon the Judgment passed by the Apex Court in Simplex Infrastructure Limited Vs. Union of India , (2019) 2 SCC 455 to come to the said findings.
3. Learned Counstel for the State has submitted that the learned Single Judge did not take into consideration the fact that the copy of the signed award dated 24.06.2022 was not supplied by the learned Arbitrator, which was a mandatory requirement under Section 31 (5) of the Act, wherei
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.