RAMJEE POWER CONSTRUCTION LTD. Vs. JHARKHAND URJA VIKAS NIGAM LIMITED
LAWS(SC)-2018-9-171
SUPREME COURT OF INDIA
Decided on September 19,2018

Ramjee Power Construction Ltd. Appellant
VERSUS
Jharkhand Urja Vikas Nigam Limited Respondents

JUDGEMENT

- (1.) The three awards were passed on 25.11.2007, 14.2.2008 and 29.3.2009 by the learned Arbitrator in favour of the petitioner.
(2.) The petitioner had filed a claim against the erstwhile Jharkhand State Electricity Board (for short, the 'Board') in respect of allocation project contracts dated 10.2.2005 and 22.4.2006.
(3.) Purporting to challenge these awards, the respondents (erstwhile Board) filed an application under section 34 of the Arbitration and Conciliation Act, 1996 (for short, the 'Act'). This application along with the applications for condonation of delay was filed on 04.11.2010. Admittedly, the application under section 34 of the Act was delayed. As a matter of fact, the delay is of various periods with respect to the chronology of the awards. The application/s against the first award was delayed by 1005 days, against the second award by 610 days and against the third award by 107 days. These applications were allowed by the Sub-Judge I, Ranchi. The High Court upheld the order of learned Sub-Judge I, Ranchi, condoning the delay in filing application under section 34 of the Act. The review petition filed by the petitioner was also rejected. Hence, these special leave petitions.;


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