UNION OF INDIA Vs. HARBHAGWAN HARBHAJAN LAL

JUDGEMENT

(1.) THIS is an application for condonation of delay in re -filing of the petition under Section 34 of the Arbitration and Conciliation Act, 1996. The counsel for the petitioner/applicant admits that the figure of 152 days as stated in the application is not correct and the delay in re -filing in fact works out to 195 days. The counsel for the respondent also agrees that delay in refilling is 195 days. The issue is, can this delay of 195 days be condoned.

(2.) IT has now been repeatedly held by the Supreme Court and by this Court that no doubt the provision for condonation of delay has to be read and applied liberally, however, if there is negligence or inaction writ large on the face of the record, then condonation of delay ought not to be allowed. Let us accordingly examine the averments made in the application for condonation of delay. Paras 2 and 3 of the application reads as under : -

(3.) IT would be necessary at this stage to refer to the objections which were raised by the Registry seeking re -filing after removing of the objections. These objections are : -