Nugent Estates Ltd vs M/S Ms Shoes East Ltd on 1 September, 2015


1. By this appeal, the appellant has impugned the order dated
08.01.2015 whereby the application of the appellant under Section 5
of the Limitation Act, 1963 seeking condonation of delay in filing
objections under Sections 30 and 33 of the Arbitration Act, 1940
(hereinafter referred to as the said Act) to the Award dated 23.05.2012
were dismissed. By the impugned order, the learned Single Judge held

that the delay in filing the objections by the appellant was
„voluminous‟ and a sufficient explanation had not been given for the
delay. The impugned order notices the averments made by the
appellant in the application seeking condonation of delay to the effect
that the appellant was not served either in the suit for appointment of
the Arbitrator or in the arbitration proceedings and became aware of
the arbitration proceedings when it received a notice dated 02.06.2012
from the Arbitrator and became aware that an Award had been passed
on 23.05.2012.

Source: Indian Kanoon

Leave a Reply