The court condoned a 25-day delay in filing objections to an arbitration award under Section 34(3) of the Arbitration & Conciliation Act, relying on the explanation provided by the applicants regarding administrative correspondence.
The delay in filing objections under Section 34(3) of the Arbitration & Conciliation Act is condoned.
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OMP(M) No. 47 of 2016
03.05.2017
Present:
Mr. Virender K. Verma, Addl. AG with Mr. Pushpinder Jaswal, Dy. AG, for the applicants.
Mr. Suneet Goel, Advocate, for the respondent.
OMP(M) No. 47 of 2016
The present application is maintained by the applicants under Section 34(6) of Arbitration & Conciliation Act for condoning the delay in filing objections under Section 34(3), against the award, dated 03.08.2016, passed by learned Arbitrator, Sh. Ajay Kumar Dhiman. As per the applicants, the delay of 25 days, in filing the objections has occurred, as the award under challenge was passed on 03.08.2016, which was received on 08.08.2016 and after receiving the same, the matter was referred to the Circle Office on 09.08.2016, wherefrom the record of the case alongwith copy of award was forwarded to the Office of Engineer-in-Chief, Nirman Bhawan, Shimla. At last, the matter after examined by the Office of Engineer-in-chief was sent to the Government for obtaining the final opinion, which was received back on 29.11.2016 and thereafter the application was filed without any further delay. The application is duly supported with an affidavit. No reply to the application has been filed.
Heard. Taking into consideration the fact that the delay, as occurred, has been sufficiently explained and it was not within the control of the applicants for the reasons stated in the application, each days delay has been explained for the reasons given in the application and as stated hereinabove.
Consequently, the delay in filing the objections is condoned.
The application stands disposed of.
Arb. Case No.
Case be registered.
Learned Additional Advocate General to supply
copy of the case to the respondent within a week. Reply, if any, be filed within four weeks. List thereafter.
(Chander Bhusan Barowalia) Judge 3rd May, 2017 (raman)
1 issue framed by the court
Whether the delay of 25 days in filing objections under Section 34(3) of the Arbitration & Conciliation Act should be condoned.
2 provisions across 1 enactments
Applicants
Respondent
Chander Bhusan Barowalia
As recorded by the court registry
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