Dismissed

Shishir Khandelwal S/O Late Shri Avinash Khandelwal v. Sanjay Tyagi S/O Late Shri Vedpal Tyagi

Rajasthan HC2 Jan 2024CMA/3835/2023

Case brief

AI extract

What is this about?

Appeal against dismissal of a Section 9 Arbitration and Conciliation Act application, with a Section 5 Limitation Act condonation application. The court found no supporting documents and noted an award had since been passed, dismissing both the condonation application and the appeal as barred by limitation.

What the court decided

AI extract

Shishir Khandelwal S/O Late Shri Avinash Khandelwal Vs Sanjay… — Arbitration | Rajasthan HC (2024)

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[2024:RJ-JP:80-DB]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Civil Miscellaneous Appeal No. 3835/2023

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Shishir Khandelwal S/o Late Shri Avinash Khandelwal, Aged About 45 Years, Resident Of D-62, Jyoti Marg, Bapu Nagar, In The Capacity Of Partner M/s Icarus Buildhome, Having Registered Address At 302, Third Floor, Jagmohan Golden Fortune, Bapu Nagar, Jaipur.

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----Appellant

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Versus

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Sanjay Tyagi S/o Late Shri Vedpal Tyagi, Aged About 62 Years, Having Residence At Sai Baba Mandir, Bhojyawas, Bhankrota, Jaipur, Rajasthan.

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Sanjay Tyagi Huf Through Karta Sanjay Tyagi, S/o Late Shri Vedpal Tyagi, Aged Around 62 Years Having Residence At Sai Baba Mandir, Bhojyawas, Bhankrota, Jaipur Rajasthan.

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Manish Kejriwal S/o Late Shri Banwari Kejriwal, Aged About 40 Years, Having Residence At House No. 388, Rani Sati Nagar, Nirman Nagar, Jaipur, Rajasthan And Presently Residing At C-505, Malviya Nagar, Jaipur. Partner M/s Icarus Buildhome, Having Registered Address At 302, Third Floor, Jagmohan Golden Fortune, Bapu Nagar, Jaipur, Rajasthan.

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----Respondents

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For Appellant(s) : Mr. Prabhansh Sharma with Dr. Mahesh Sharma

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HON'BLE MR. JUSTICE PANKAJ BHANDARI HON'BLE MR. JUSTICE BHUWAN GOYAL

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Order

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02/01/2024

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Matter comes up on application under Section 5 of the Limitation Act for condonation of delay.

(2 of 2)

[2024:RJ-JP:80-DB]

[CMA-3835/2023]

It is mentioned in the application that application under Section 9 of the Arbitration & Conciliation Act, 1996 was dismissed by the Commercial Court concerned on 17.08.2023 and copy of the same was received on 25.08.2023. Thereafter, the award was passed on 10.10.2023 and due to some incident in the family and applicant being eldest and suffering from severe blood pressure and depression, could not file the appeal in due time.

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We have perused the application.

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Applicant has not submitted any document in support of his application. Admittedly, the award has been passed in this case on 10.10.2023, hence, we are not inclined to entertain the application under Section 5 of the Limitation Act on merits as well as on the ground that award has already been passed.

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Accordingly, application under Section 5 of the Limitation Act is dismissed. The present Civil Miscellaneous Appeal being barred by limitation is also dismissed.

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Stay application stands disposed off.

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(BHUWAN GOYAL),J

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(PANKAJ BHANDARI),J

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AMIT/5

Shishir Khandelwal S/O Late Shri Avinash Khandelwal v. Sanjay Tyagi S/O Late Shri Vedpal Tyagi

Case brief

What is this about?

What the court decided

Shishir Khandelwal S/O Late Shri Avinash Khandelwal v. Sanjay Tyagi S/O Late Shri Vedpal Tyagi

Case brief

What is this about?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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Case details

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