LAWS(DLH)-2013-11-10

DELHI DEVELOPMENT AUTHORITY Vs. DURGA CONSTRUCTION CO.

Decided On November 07, 2013
DELHI DEVELOPMENT AUTHORITY Appellant
V/S
Durga Construction Co. Respondents

JUDGEMENT

(1.) The appellant has preferred the present appeal impugning the order dated 06.04.2011 passed by a learned Single Judge of this court in O.M.P. No.89/2009 (hereinafter referred as the "impugned order"). By the impugned order, the learned Single Judge has dismissed the application bearing I.A. No.1711/2010 filed by the appellant under section 151 of CPC for condonation of delay of 166 days in re-filing the Objections under section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the "Act").

(2.) The controversy involved in the present case is whether the delay of 166 days in re-filing the Objection under section 34 of the Act can be condoned beyond the statutory period of limitation of three months and thirty days as prescribed under section 34(3) of the Act.

(3.) The facts relevant for examining the controversy in the present appeal are briefly stated as under.