MAGNUM BUILDERS & DEVELOPERS Vs. UOI

JUDGEMENT

(1.) The appellant has filed the present appeal impugning the judgment dated 17.11.2014. The application seeking condonation of delay of 92 days in re-filing the Objection Petition under Section 34 of the Arbitration & Conciliation Act, 1996 (hereinafter referred to as the said "Act") has been dismissed by the learned Single Judge by the impugned order and consequently the Objection Petition has also been dismissed.

(2.) The award was published on 07.06.203. It is an admitted position that a copy of the award was received by the appellant on 12.06.2013. The Objection Petition was initially filed within the statutory period of 90 days on 09.09.2013. The Objection Petition was returned by the Registry on 10.09.2013, pointing certain defects in the petition, with a direction to the appellant to re-file the same within one week. The Objection Petition was not refiled within seven days but, was re-filed on 10.12.2013, which was again returned on account of certain defects on 12.12.2013. It was finally re-filed on 13.12.2013.

(3.) The Appellant filed the Objection Petition with an application seeking condonation of delay. The ground raised by the appellant in the application seeking condonation of delay in re-filing was as under: