Appeal under Section 37 of the Arbitration Act against rejection of condonation of delay in filing a Section 34 application. Since the condonation question is referred to a Larger Bench, the appeal was directed to be listed after that decision.
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Court No. - 5
Case :- APPEAL UNDER SECTION 37 OF ARBITRATION AND CONCILIATION ACT 1996 No. - 11 of 2025
Appellant :- Smt. Rani Verma And Others Respondent :- Union Of India Thru. Secy., Min. Of Road, Transport And Highway And Others Counsel for Appellant :- Pradeep Kumar Yadav,Dharmendra Nath Verma Counsel for Respondent :- A.S.G.I.,C.S.C.,Sarvesh Kumar Dubey
Hon'ble Abdul Moin,J.
As to whether delay in filing an application under Section 34 of the Arbitration and Conciliation Act, 1996 can be condoned beyond a period of 90 days + 30 days as per Section 34(3) of the Arbitration and Conciliation Act, 1996 has been referred to Larger Bench as stated by Shri Sarvesh Kumar Dubey, learned counsel appearing for respondents No.5 & 6.
In the instant case, the application for condonation of delay has been rejected by the learned Court on the ground that it cannot condone the delay beyond the aforesaid period.
Considering that the matter has been referred to the Larger Bench, list this case after decision of the Larger Bench.
It would be open to either of the parties to make a mention for taking up the matter after the decision of Larger Bench.
Order Date :- 8.4.2025 prateek
Digitally signed by :- PRATEEK ARORA High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether delay in filing a Section 34 application can be condoned beyond the 90+30 day limit under Section 34(3)?
3 provisions across 1 enactments
Smt. Rani Verma And Others
Union Of India Thru. Secy., Min. Of Road, Transport And Highway And Others
Abdul Moin
As recorded by the court registry
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