UNITED INSURANCE CO. LTD. Vs. MANISH KUMAR GUPTA

JUDGEMENT

(1.) I.A. Nos. 18444/2013 (delay in filing) and 18445/2013 (delay in refiling)

(2.) THE present petition has been filed by the petitioner under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the Act'). Along with the petition the petitioner has also filed I.A. Nos. 18444/2013 and 18445/2013 for the condonation of delay in filing and re -filing the present petition.

(3.) THE petitioner has also filed an application for condonation of delay in refilling the petition. It is submitted that the petition was filed on 17.08.2013 within the limitation period of ninety days extendable to thirty days. It is submitted in the application for condonation of delay in refiling the petition that after the petition was filed on 17.08.2013, the registry of this court raised several objections and intimated the petitioner that defects were to be cleared within 30 days from the return of defects but later clarified that the defects had to be cleared within 30 days from the date of filing. It is submitted that there arose some delay due to the vacation of Dussehera and the visit of the counsel to his native place (Kolkata) for some urgent family matter. It is submitted that there was a delay in refiling of 24 days which was neither intentional nor deliberate and it is prayed that the delay of 24 days in refiling the petition be also condoned.