IN THE HIGH COURT OF JUDICATURE AT MADRAS
T.V.Thamilselvi, J
Antoine Arokianathan – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. background of arbitration award and delay in appeal. (Para 2) |
| 2. parties' contentions on delay condonation applicability. (Para 3 , 4) |
| 3. court observes technical fault excuses delay. (Para 5) |
ORDER
Challenging the impugned Order passed in I.A.No.1 of 2025 in unnumbered AOP.No. 2025 the present Civil Revision Petition has been preferred by the petitioner.
2. The respondent has initiated Arbitration proceedings against the petitioner in AOP.No.40 of 2019 before the Arbitration Tribunal, Puducherry. In the Arbitration proceedings an award has been passed against the petitioner. Challenging the said award he had preferred an appeal. But there is a delay of 30 days. Therefore, he filed an application to condone the delay under section 34[3] of the Arbitration and Conciliation Act, 1996. The above application has been dismissed stating that the Section 5 of the Limitation Act is not applicable to the Arbitration proceedings, particularly under section 34 of the Arbitration and Conciliation Act. Aggrieved over the same, the present Civil Revision Petition has been filed.
3. The learned counsel appearing for the petitioner would argue that immediately after passing of the aw
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