The court granted an application to condone a 42-day delay in representing a petition under Section 34 of the Arbitration and Conciliation Act. Following earlier precedent allowing similar delays attributable to counsel, the court exercised leniency and allowed the application without costs.
Application allowed; delay condoned; no order as to costs.
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A.Nos. 3934 of 2025 in Arb.OP.D.No.119308 of 2025
MASTER 18.08.2025
Order
This application has been filed by the applicant to condone the delay of 42 days in representing the original petition under section 34 of the Arbitration and conciliation Act 1996 to set aside the arbitral award.
The reason stated for the delay in representation is that it is on the part of the counsel.
Now the point to be decided is that whether the delay of 42 days can be condoned or not.
This court has come across an order of our Hon'ble Division Bench in OSA.No. 66 of 2023 to condone the delay of 267 days in representation in a similar application in which the Hon'ble Division Bench condoned the delay on appeal by deleting the cost imposed. The extracted portion is hereunder.
“It is seen that the delay has occurred only in respect of re-presenting the original petition filed against the award passed by the first respondent Arbitrator and not in filing the same. Admittedly, this Court has dealt with umpteen number of cases, extending some leniency for condoning the delay. Applying the same analogy and also considering the explanation offered by the appellant for the delay in re-presenting the petition papers, this court is inclined to modify the order of the learned Judge, by deleting the costs of Rs.25,000/- imposed on the appellant, while condoning the delay in re-presenting the petition.”
This order of Hon'ble Division Bench was followed by the Hon'ble Single Judge in A.No. 1219 of 2023 in Arb.OP.DR.NO. 9142 of 2022 and the same was allowed
without cost. The portion extracted is hereunder.
Following the orders passed by our Hon'ble Division Bench in OSA.No. 66 of 2023 which was followed by the Hon'ble Single Judge in A.NO. 1219 of 2023 in Arb.OP.DR.No. 9142 of 2022, this court has no hestitation to take lenient view in this application and is inclined to allow this application.
Accordingly, this application is allowed. No order as to costs.
APN
MASTER
2 issues framed by the court
Whether the delay of 42 days in representing the original petition under section 34 of the Arbitration and Conciliation Act, 1996 should be condoned.
Whether the applicant is entitled to condonation of delay based on analogous precedents allowing condonation for counsel-related delays.
Applicant
APN
Master
As recorded by the court registry
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