CONTINENTAL CONSTRUCTION LTD . Vs. NHPC LIMITED (FORMERLY KNOWN AS NATIONAL HYDRO ELECTRIC POWER CORPORATION LTD )

JUDGEMENT

(1.) The present Appeal has been filed challenging the Impugned Order and Judgment dtd. 6/12/2018 passed in O.M.P. 668/2009 (hereinafter referred to as "the Impugned Judgment") passed by the Learned Single Judge under Sec. 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as "the Act").

(2.) Mr Sudhanshu Batra, Learned Senior Counsel appearing for the Respondent, has raised a preliminary objection with regard to the maintainability of the present Appeal being filed beyond the period prescribed. It is submitted that the Appeal was filed after a long delay and prior to adjudication of the Appeal, the Application for condonation of delay is required to be decided.

(3.) Mr Satpal Singh, Learned Counsel appearing for the Appellant submits that the Appeal is accompanied by an application seeking condonation of delay in filing the Appeal and as such, the Appeal could not be filed in time owing to the peculiar circumstances and events which took place after passing of the Impugned Judgment.