An application to condone a 124-day delay in filing a petition to set aside an arbitration award under the Arbitration and Conciliation Act, 1996. The court found the stated reasons vague and the application lacking merit, leading to dismissal.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION)
FRIDAY, THE 11TH DAY OF MARCH 2022 THE MASTER
A.No.4866 of 2021
in
O.P.D.No.112348 of 2019
In the Matter of the Arbitration and Conciliation Act, 1996 as amended and
In the matter of Arbitration Award by the Learned Arbitrator Hon'ble Justice Mr.Vikramajit Sen (retd) dated 29th April, 2019
M/s. Soundararaja Mills Limited, GTN Salai, Dindigul – 624 005, Represented by its Manager Mr.S.Kamaraj ... Applicant / Petitioner
Versus
M/s. GAIL (India) Limited, 16, Bhikaji Cama Place, New Delhi – 110066 Also at: 5th Floor, “KUPPU ARCADE”,
No.4, Venkatanarayana Road, T.Nagar, Chennai – 17. ... Respondent / Respondent Application praying that this Hon'ble Court be pleased to condone
the delay of 124 days in representation of Original Petition in S.R.No.112348 / 2019.
This Application coming on this day before this court for hearing the court made the following order:-
Orders pronounced. This is an application to condone delay of 124 days in representation of O.P. to set aside the award passed by Arbitration
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Tribunal. The reason stated in the affidavit is that the returned bundle was mixed up with other bundles and Covid lock down further caused delay in representation. The petitioner has not stated anything in his affidavit that when it was presented, when it was returned. Further he did not state when it was represented and how the delay was occurred. The reason stated that bundle mixed up with other bundle is usual one. The affidavit is completely vague and this application is mechanically presented. It is well settled law that each and every day's delay should be explained to the satisfaction of the Court. But the affidavit is completely vague.
The respondent counsel pointed out that discretion to condone delay
must be exercised with vigilance and circumspection and delay cannot be condoned as a matter of Judicial generosity which is acceptable one.
The affidavit filed by the applicant is vague and there is no merit in it. This Court is not satisfied with reason stated. Hence, this application is dismissed.
Sd./-MASTER 11/03/2022.
//Certified to be true copy// Dated at Madras this the day of 2022.
COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.
EVK 09/06/2022
1 issue framed by the court
Whether to condone a delay of 124 days in the representation of a petition to set aside an arbitral award.
M/s. Soundararaja Mills Limited
M/s. GAIL (India) Limited
Master
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
