UNION OF INDIA Vs. SOM DUTT GARGI

JUDGEMENT

(1.) THIS petition filed under Section 115 of the Code of Civil Procedure, 1908 is directed against the order dated 21.4.2003 passed by the District Judge, Gurgaon, dismissing the application of the defendant- petitioner for filing the objection petition under Section 34 of the Arbitration and Conciliation Act, 1996 (for brevity, 'the Act') against the award dated 30.3.2002. The sole ground on the basis of which the application has been dismissed is that the application has been filed after a delay of more than four months. It has also been held that delay could not be condoned in view of the provisions of Section 34(3) of the Act. No exception can be taken to the order dated 21.4.2003 passed by the learned District Judge, Gurgaon as Section 34(3) of the Act provides a period of three months for filing an application to set aside the award. However, for sufficient reasons, the application could be entertained within a further period of 30 days but not thereafter. Section 34(3) of the Act reads as under :-

(2.) IN view of the views expressed by the Supreme Court, no room is left for interfering in the view taken by the Ld. Addl. District Judge in his order dated 21.4.2003. There is no provision in the Act for condonation of delay pari materia to Section 5 of the 1963 Act. The revision petition is absolutely without merit and is thus liable to be dismissed. For the reasons mentioned above, this petition fails and the same is dismissed. Petition dismissed.