O.M.P.No.1142/2013 Page 1 of 16

$~12

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+

O.M.P. 1142/2013

%

Date of decision: 10.09.2014

THE NEW INDIA ASSURANCE CO LTD

..... Petitioner

Through:

Mr.P.K.Seth, Advocate

versus

KRISHNA INDUSTRIES & ANR.

..... Respondents

Through:

Mr.Virender Kumar Sharma, Adv.

CORAM:

HON'BLE MS. JUSTICE DEEPA SHARMA

JUDGMENT (ORAL)

I.A.No.18833/2013 (delay in re-filing)

1. The petitioner has challenged the award dated 15.01.2013 by way of

this petition under Section 34 of the Arbitration and Conciliation Act. It is

submitted that the petition was initially filed within time but was returned

with objection and the objections could be removed by the petitioner only

after 130 days.

2. It is submitted that the delay in re-filing had occurred on account of

the fact that the clerk of the advocate had gone to his home town on

receiving the urgent message about serious illness in his family. At the time

of leaving, he had instructed the associate of the counsel to place the file

2014:DHC:4574

O.M.P.No.1142/2013