UNION OF INDIA Vs. M/S. TEXMACO LTD.

JUDGEMENT

(1.) I.A. No. 7649/2012 (for condonation of delay of 1 day in filing the petition)

(2.) 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 10th October, 2011 passed by the sole Arbitrator Mr. Harish Gulati. Along with the petition, the petitioner filed an application under Section 151 CPC for condonation of delay of 66 days in re -filing the petition. The only ground for such delay stated in the application is that the petition was returned under defect on 11.01.2012 and was refilled on 10.02.2012 as on the petition some documents were to be re -typed which were typed in the office of the Counsel. However during that process, as there were renovation in the office in the second week of March 2012, the file was misplaced and traced only on 12.04.2012 immediately thereafter defects were removed & petition was filed at the earliest, however some delay had occurred for the above reasons. The respondent has opposed the prayer of this application.

(3.) IT is rightly held that condonation of delay in re -filing the objection petition in these facts would run against the intention of the Parliament and the statutory scheme under the Act. According to Rule 5, Chapter 'I', Part A of Vol. 5 of High Court Rules and Orders, the objections should have been re -filed within a time not exceeding 7 days at a time, and 30 days in aggregate to be fixed by the Deputy Registrar/Assistant Registrar, Incharge of Filing Counter. Rule 5 (3) read with the note also makes it abundantly clear that in case the petition is filed beyond the time allowed by the Deputy Registrar/Assistant Registrar, Incharge of Filing Counter under Sub -Rule 1, it shall be considered as a fresh institution.