ORIENTAL INSURANCE CO LTD Vs. AIR INDIA LTD

JUDGEMENT

(1.) The present appeal is directed against the order dtd. 27/9/2019 passed I.A. No. 13340/2019 in O.M.P. (COMM.) 400/2019 by the learned Single Judge. The learned Single Judge has dismissed the said application preferred by the appellant/ petitioner to seek condonation of delay in filing the objection petition under Sec. 34 of the Arbitration and Conciliation Act, on the ground that though the objection petition was initially preferred within the 120-day period of the receipt of the copy of the majority award by the petitioner on 11/4/2019, the same could not be considered as a valid filing due to several serious defects in the original filing itself " " which took place on 3/8/2019. Consequently, the objection petition also stands dismissed.

(2.) The impugned order takes note of the defects which were found in the initial filing, namely the absence of Vakalatnama, Court fees, impugned Award, requisite documents, signed & attested Statement of Truth and affidavits in support of the application.

(3.) The factual position taken note of in the impugned order is that the after the initial filing of the objection petition on 3/8/2019, the defects were, firstly, notified on 6/8/2019 and there were 18 defects notified by the Registry. The petition was re-filed on 31/8/2019 " " when 17 defects were notified. Apparently, it was re-filed on 2/9/2019 " " when one defect was notified. It was re-filed on 3/9/2019, and five old defects remained and one new defect dtd. 2/9/2019 also remained. On 4/9/2019, all old defects were cured by the petitioner. On the same day, three new defects were notified. Two new defects were notified on 11/9/2019; and one new defect was notified on 13/9/2019. Yet again, on 20/9/2019, one new defect was notified; and on 21/9/2019 another new defect was notified. Eventually, the petition was registered on 23/9/2019.