UNION OF INDIA Vs. OMAXE LIMITED

JUDGEMENT

(1.) This is an application filed by petitioner under Section 5 of Limitation Act seeking condonation of 190 days delay in re-filing the present objections under Section 34 of Arbitration and Conciliation Act. The undisputed facts, which have led to the filing of present application, are that an award was made and published by the Arbitrator on 5.8.2010. The objections to the Award were filed by the petitioner on 8.11.2010 within the period of limitation.

(2.) Learned Counsel for the petitioner submits that present objections were filed by the petitioner wit tin the period of limitation, however, the objections were returned by the Registry on account of certain defects. Counsel next submits that after the clerk collected the objections from the Registry on 9.11.2010, his wife, who was pregnant, had some complications and she was advised complete bed rest. The Doctors also advised the clerk to take his wife at his native Village at Rajasthan for proper care. The clerk along with his wife went to his native village and returned back to Delhi only after 10 days. The clerk was under the impression that objections have been removed and the same has been refiled, however, the objections had got tagged in another file.

(3.) Reasons for condonation of delay in re-filing the objections are stated in paras 2-6 of the present application. Paras 2-6 of the application read as under: