P R WASAN Vs. UNION OF INDIA

JUDGEMENT

(1.) Legality and propriety of the order dated 26-11-2008, passed by the Dis-trict Judge, Bilaspur in MJC Case No. 117/ 04 is under assail in the instant petition.

(2.) Brief facts as projected by the petitioner are that: On 9-11-2004, the respondent/Rail-way moved an application under Section 34 of the Arbitration and Conciliation Act, 1996 (for short 'the Act') for setting aside arbi-tral award dated 2-8-2010. On 22-2-2006 respondent moved an application under pro-viso to section 34 (3) of the Act for condo-nation of delay of seven days in filing appli-cation under Section 34 of the Act. In the above application, it has been stated that the respondent had received the arbitral award on 10-8-2004 and thus application filed on 9-11-2004 was within limitation, but in any case, if it is found that respondent had re-ceived the arbitral award on 2-8-2004, then delay would be of seven days which is nei-ther deliberate nor intentional.

(3.) The Court below vide order impugned allowed the application and condoned the delay. Hence this petition.