S.Elumalai v. K.Manoharan
Arbitration – condonation of delay in re-presentation of Section 34 challenge papers
Case brief
What is this about?
Madras High Court (N. Anand Venkatesh J.), A No.5629 of 2025 in Arb OP DR No.105740 of 2022, order dated 10.02.2026: challenge to learned Master's order (A No.1940 of 2025) condoning 838-day delay in re-presenting papers under Section 34, Arbitration and Conciliation Act, 1996 against award in Arb case No.03 of 2019; stringent treatment of delay in arbitration; condonation ex parte, without reasons and on nominal Rs.2,000 cost held improper; disposal on terms — deposit of Rs.10,00,000/- by 03.03.2026, failing which condonation order set aside and application allowed; award figures: principal Rs.28,16,500/-, salary Rs.25,75,000/-, interest Rs.51,29,127.78/-, total claim Rs.79,45,627.78/-; no precedents cited.
What did the court decide?
Application disposed of on terms: respondent directed to deposit Rs.10,00,000/- to the credit of A No.5629 of 2025 on or before 03.03.2026; on compliance, the learned Master's condonation order in A No.1940 of 2025 stands confirmed and the main Arb OP will be taken up on merits; on default, the condonation order stands set aside and this application stands allowed, disabling the respondent from prosecuting the main petition. No costs.