The Single Judge held that sufficient cause was made out for condoning the delay in filing the appeal against an arbitral award. The application to condone delay was allowed.
Application to condone the delay is allowed; registry directed to number the petition.
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A.No.7380 of 2019
A.No.7380 of 2019 in O.P.SR.No.84724 of 2019
SENTHILKUMAR RAMAMOORTHY, J
The learned counsel for the applicant submitted that the award was received on 09.03.2019 and that the petition to set aside the award was filed on 08.07.2019, which is within the 30 days period for consideration of an application to condone the delay in challenging the award. Therefore, he submitted that the delay is liable to be condoned by taking into account the explanations mentioned in the affidavit.
that a caveat was filed in June 2019 and that execution proceedings were initiated in September 2019 and that only after the Garnishee Order was passed in the said execution proceedings, the applicant chose to prosecute the
present petition. Accordingly, he submitted that the application lacks in bona fide and is liable to be rejected.
examining the affidavit and counter affidavit, I find that the applicant has stated that the the delay occurred because the applicant is a Public Sector Undertaking and had to co-ordinate with the legal team in New Delhi for
approval of drafts and to engage counsel.
A.No.7380 of 2019
SENTHILKUMAR RAMAMOORTHY, J
kal
cause has been made out to condone the delay. Therefore, the application is allowed and the Registry is directed to number the above Original Petition if it
is otherwise in order.
14.10.2019
kal
A.No.7380 of 2019
in
O.P.SR.No.84724 of 2019
1 issue framed by the court
Whether the delay in filing the petition to set aside the award is liable to be condoned.
applicant
respondent
SENTHILKUMAR RAMAMOORTHY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
