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2023 Supreme(SC) 331

M. R. SHAH, KRISHNA MURARI
Bhimashankar Sahakari Sakkare Karkhane Niyamita – Appellant
Versus
Walchandnagar Industries Ltd. (WIL) – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Shyam Divan, Sr. Adv. Ms. Anitha Shenoy, Sr. Adv. Ms. Srishti Agnihotri, AOR Mr. Abishek Jebaraj, Adv. Ms. Sugandha Yadav, Adv. Ms. Sanjana Grace Thomas, Adv. Ms. Ayushma Awasthi, Adv. Ms. Namrata Sarah Caleb, Adv. Ms. A. Reyna Shruti, Adv.
For the Respondent(s): Mr. Dhruv Mehta, Sr. Adv. Ms. Pritha Srikumar, AOR Mr. Pradeep Nayak, Adv. Mr. Sankeerth Vittal, Adv. Ms. Mansi Binjrajka, Adv.

JUDGMENT :

M.R. SHAH, J.

1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 23.02.2022 passed by the High Court of Karnataka, at Kalaburagi in Misc. First Appeal No. 201018/2018 by which the High Court has dismissed the said appeal and has confirmed the order dated 02.04.2018 passed by the learned III Additional District and Sessions Judge, Vijayapur (hereinafter referred to as “trial Court”) in rejecting the application for condonation of delay caused in preferring the application under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as “Arbitration Act”) the original applicant has preferred the present appeal.

2. The brief facts leading to filing of the present appeal in nutshell are as under:

    2.1 That, an arbitral award was passed against the appellant under the provisions of the Arbitration Act on 24.08.2016. As per Section 34(3) of the Arbitration Act, 90 days are prescribed for preferring an application under Section 34 of the Arbitration Act against the arbitral award. However, the said period was extendable by a further period of 30 days in terms of the proviso to Section 34(3) of the Act, 2016. In the present cas


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