Mon. Jan 25th, 2021

Northern Railway vs M/S Pioneer Publicity … on 1 September, 2015

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SANJEEV SACHDEVA, J

1. By this appeal, the appellant impugns the order dated
18.05.2015 passed by the learned single judge, whereby the
application of the appellant for condonation of delay of 65 days in re-
filing the petition under Section 34 of the Arbitration & Conciliation
Act, 1996 (hereinafter referred to as „the Act‟) has been dismissed.
The learned Single Judge by the impugned order held that the

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explanation for delay of nearly two months in re-filing is not
satisfactory.
2. The Award that is challenged by way of Section 34 petition was
pronounced by the sole Arbitrator on 29.10.2009. A copy thereof was
made available to the parties on the same date. Objections under
Section 34 were filed on 23.01.2013. The three months period, as
prescribed under Section 34 (3) of the Act, ended on 29.01.2013. The
petition filed under Section 34 was scrutinized by the Registry on
23.01.2013 and was returned under objections for being re-filed
within a period of seven days. The court fees required to be paid on
the Section 34 petition was 1% of the awarded amount, i.e.,
approximately over Rs.8 lakhs. The court fees affixed on the Section
34 petition was only Rs 500/- and the petition was filed on
23.01.2013. The petition which was returned under objections on
23.01.2013 was re-filed on 21.02.2013. It may be noted that the
additional period of thirty days permissible under proviso to section
34(3) expired on 26.02.2013.

Source: Indian Kanoon

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