UNION OF INDIA Vs. SUNRISE ENTERPRISES PANIPAT

JUDGEMENT

(1.) This is an application by the Petitioner seeking condonation of delay in re- filing the petition being OMP No. 382 of 2006 under Section 34 of the Arbitration & Conciliation Act, 1996 ('Act').

(2.) The facts relevant to the present application are that the impugned Award was passed on 21st February 2006. According to the Petitioner, it received a copy of the Award on 28th February 2006. In terms of Section 34(3) of the Act, the petition for setting aside the Award had to be filed within three months from the date of receipt of the Award. Admittedly, the OMP was filed within time on 22nd May 2006.

(3.) The petition was scrutinized and the following defects were pointed out by the Registry: