UNION OF INDIA Vs. WISHWA MITTAR BAJAJ & SONS
HIGH COURT OF DELHI
UNION OF INDIA
Wishwa Mittar Bajaj And Sons
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GITA MITTAL,J. -
(1.) THE petitioner has filed objections under Section 34 of the Arbitration & Conciliation Act, 1996 challenging the arbitration award
dated 25th July, 2005 passed by the sole arbitrator in favour of the
claimant/respondent. This petition was beyond the limitation prescribed
under Section 34 of the Arbitration & Conciliation Act, 1996.
Consequently, the petitioner has filed I.A. No. 9821/2005 under Section
34 (3) of the Arbitration and Conciliation Act, 1996 praying for condonation of the delay. The respondent/claimant in the arbitration
proceedings has vehemently opposed this application pointing out that the
objections have been filed beyond the period which is permissible for
condonation of delay and for this reason, the same have to be rejected.
(2.) SUCH a prayer has also been made by the respondent by way of I.A. No. 1759/2006 which has been filed under Order 7 Rule 11 of the Code of Civil Procedure.
Inasmuch as the two aforesaid applications entail consideration of the same facts, the same have been taken up together for hearing and are
being disposed of by this common order.
(3.) FROM the facts ultimately emerging on record, there is no dispute to the material facts relating to the date on which the award dated 25th
July, 2005 was served upon the petitioner. The admitted position is that
the award was received in the office of Chief Engineer, Delhi Zone on the
28th of July, 2005. The objections were filed by the petitioner in this court on 28th November, 2005 under Section 34 of the Arbitration &
Conciliation Act, 1996 being O.M.P. No. 448/2005.;
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