Raj Kumar Bajpeyi v. Additional District and Sessions Judge Court No 15 Lko. and 2 Others
Case brief
What is this about?
Allahabad High Court, Lucknow Bench; Neutral Citation 2024:AHC-LKO:62040; MATTERS UNDER ARTICLE 227 No. 3313 of 2024; Raj Kumar Bajpeyi v. Additional District and Sessions Judge Court No. 15, Lucknow and 2 Others; Subhash Vidyarthi, J.; Article 227; alternative statutory remedy; Arbitration and Conciliation Act 1996, Section 34; Section 37(1)(c) appeal against refusal to condone delay; Chintels India Ltd. vs Bhayana Builders Pvt. Ltd. (2021) 4 SCC 602; impugned order dated 02.05.2024 in Misc. Case No. 695 of 2023; petition dismissed on 9.9.2024.
What did the court decide?
The petition under Article 227 is dismissed because the petitioner has an alternative statutory remedy of filing an appeal under Section 37(1)(c) of the Arbitration and Conciliation Act, 1996 against the order refusing to condone delay in filing the Section 34 application, as held by the Hon'ble Supreme Court in Chintels India Ltd. vs Bhayana Builders Pvt. Ltd.