UNION OF INDIA Vs. S K VIZ

JUDGEMENT

(1.) The abovementioned objections petition has been filed by the petitioner under Section 34 of the Arbitration and Conciliation Act, 1996 (in short, called the "Act") against the Award dated 14th February, 2011 passed by the sole Arbitrator Mr.S.M. Chopra.

(2.) Along with the petition, the petitioner filed an application under Section 151 CPC for condonation of delay of 184 days in re-filing the petition. The only ground for such delay stated in the application is that after filing of the petition on 6th July, 2011, the registry put the objection and returned the petition. In the meantime, the counsel who was attending the case was shifting his old files to his home. The clerk of the counsel sent the disposed of files and wrongly included the present case also. The counsel for the petitioner made efforts to locate but could not trace out the same. In Dussehra holidays, the counsel for the petitioner made efforts to trace out the same he got file from the disposed of files. The counsel for the petitioner came back from the Calcutta on 11th October, 2011.

(3.) The point of delay of re-filing been discussed in detail by the Division Bench of this Court in the case Delhi Transco Ltd. & Anr. Vs. Hythro Engineers Pvt. Ltd.,2012 6 RAJ 299 (Del.), the relevant paragraphs of which read as under:-