UNION OF INDIA Vs. MODI SALES

JUDGEMENT

(1.) This is an application for condonation of delay in instituting the petition under Section 28 of the Arbitration Act 1940 for extension of time. It is submitted by learned counsel for the petitioner that strictly speaking there is no bar nor any limitation period under the Limitation Act and this application has been filed only by way of abundant caution.

(2.) After hearing both counsel, I am of the view that for reasons set out in the application which is duly supported by affidavit, and considering the fact that the Union of India is the petitioner/ applicant, this application is allowed subject to all Just exceptions without going into the question as to whether such an application has been only by way of abundant caution and may otherwise not strictly be required as per requirements of law.

(3.) As a result of allowing of this application, the delay in preferring the petition under Section 28 of the Arbitration Act 1940 as per contention of non-applicant, stands condoned. The accompanying petition under Section 28 of the Arbitration Act is held to be not barred by limitation. The application is disposed of in the said terms. OMP No.91/95