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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