GOVT MEDICAL STORES DEPOT, UOI Vs. CENTURION LABORATORIES

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 31st January, 2012 passed by the sole Arbitrator Mr.M.K. Sharma in the matter of M/s Centurion Laboratoreis v. Govt. Medical Stores Depot in Arbitration Case No.01/BNK/JS/LA/2009.

(2.) Along with the petition, the petitioner filed an application under Section 151 CPC for condonation of delay of 270 days in re-filing the petition. The only ground for such delay stated in the application is that the petition was filed on 7th May, 2012. As there were certain objections, the petition was received back. The counsel for the petitioner requested the petitioner to supply the documents which were referred in the petition for filing along with petition as annexures. Since the concerned depot is located in Kolkata, therefore, it took some time to arrange the said documents which were necessary for proper adjudication of the petition. Thereafter, upon receipt of the documents, as it was noticed that the documents supplied by the petitioner were incomplete, the petitioner was requested to supply remaining documents for removing defects. In that process a lot of time lapsed for completing the necessary formalities.

(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, the relevant paragraphs of which read as under:-