SHARMA KALYPSO PVT. LTD. Vs. ENGINEERS INDIA LIMITED

JUDGEMENT

(1.) I.A. No. 13437/2019 (condonation of delay in filing) & I.A. No. 12472/2019 (condonation of delay in re-filing)

(2.) Present petition has been filed under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the 'Act') assailing the Award dated 23.04.2019 passed by the Arbitral Tribunal. Petition was filed on 23.07.2019, and along with the petition, Petitioner had only filed an application seeking condonation of delay in re-filing. It was averred that the objection petition was filed within the statutory period of 90 days. Objections were raised by the Registry for the first time on 26.08.2019, which were removed by the Petitioner and the petition was re-filed on 28.08.2019. On 29.08.2019, Registry raised a further objection of delay in re-filing. It is averred that the delay is unintentional.

(3.) Thereafter, the matter was listed in Court on 11.09.2019 and during the hearing Mr. Dewan, learned Senior Counsel for the Respondent had objected to condonation of delay and learned counsel for the Petitioner had sought time to address further arguments on the delay in filing. Subsequent thereto, Petitioner filed an application for condonation of delay of 1 day in initial filing. An Additional Affidavit in support of the application seeking condonation of delay in re-filing was also filed by the Petitioner.