This order condones a 27-day delay in filing a petition under Section 34 of the Arbitration and Conciliation Act due to non-wilful cause, directing the registry to number the arbitration O.P.
Delay of 27 days in filing the petition under Section 34 was condoned; arbitroration O.P. was directed to be registered.
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1
A.No.5276 of 2019
in
O.P.SR.No.12047 of 2019
SENTHILKUMAR RAMAMOORTHY,J
This application is filed to condone the delay of 27 days in filing the
petition under Section 34 of the Arbitration and Conciliation Act 1996.
2.In the affidavit filed in support of the application, it is stated that
the applicant faced a liquidity crisis while executing the project and also had to consult with the legal advisor before taking the decision to file the Arbitration O.P. and that this resulted in the delay of 27 days, which is neither wilful nor wanton.
3.In the counter affidavit, the respondent has stated that the delay of 27 days has not been properly explained and that the explanation is not satisfactory.
4.Upon perusing the affidavit, counter affidavit and considering the
oral submissions, I am of the view that the applicant has made out sufficient cause to condone the delay of 27 days in terms of Section 34(3) of the Arbitration and Conciliation Act,1996. Accordingly, the delay is condoned and the Registry is directed to number the Arbitration O.P. if it is otherwise in order.
16.09.2019
rrg
SENTHILKUMAR RAMAMOORTHY.J
2
rrg
A.No.5276 of 2019
in
O.P.SR.No.12047 of 2019
16.09.2019
1 issue framed by the court
Whether the delay of 27 days in filing a petition under Section 34 of the Arbitration and Conciliation Act, 1996, can be condoned on account of non-wilful and non-wanton cause.
1 provisions across 1 enactments
Applicant
Respondent
SENTHILKUMAR RAMAMOORTHY J
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
