DELHI JAL BOARD Vs. HANUMAN CONSTRUCTION CO
HIGH COURT OF DELHI
DELHI JAL BOARD
Hanuman Construction Co
Referred Judgements :-
LACHMESHWAR PRASAD SHUKUL AND OTHERS VS. KESHWAR LAL CHAUDHURI
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MANOJ KUMAR OHRI,J. -
(1.)By way of the present appeal filed under Sec. 37(1)(c) of the Arbitration and Conciliation Act, 1996 read with Sec. 151 CPC, the
appellant seeks setting aside of the judgment dtd. 18/11/2017 in ARB
32/2017 whereby the application filed by the appellant under Sec. 39 Rule 3 of Arbitration and Conciliation Act and Sec. 5 of the
Limitation Act seeking condonation of delay in re-filing the petition
came to be dismissed.
(2.)Learned counsel for the appellant while assailing the impugned order contended that the trial court failed to appreciate the facts and the
explanation provided in the application and passed the impugned order
on mere technicalities.
(3.)Learned counsel for the respondent, on the other hand, has contended that not only there was delay of 287 days in re-filing the
petition under Sec. 34 of the Arbitration and Conciliation Act even
the present appeal is filed after a delay of nearly 327 days.
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