RICHA CONSTRUCTIONS CO Vs. NBCC (INDIA) LTD

JUDGEMENT

(1.) Petitioner has assailed order dtd. 10/11/2023 of the learned trial court, whereby Objections under Sec. 34 of the Arbitration and Conciliation Act, filed by the present respondent, which had been dismissed in default on 19/11/2022, were restored. I have heard learned counsel for both sides.

(2.) Broadly speaking, the case set up by the present respondent before the trial court was that on 19/11/2022, counsel for the present respondent could not appear on account of her ill health and thereafter, the present respondent remained unaware about dismissal of the Objections in default. It is only in the month of January, 2023 that the present respondent came to know about the dismissal of the Objections in default, so moved an application for restoration of the Objections, which application was allowed by way of order impugned in this petition.

(3.) The only objection against the impugned order raised by the present petitioner is that the application for restoration of Objections under Sec. 34 of the Arbitration and Conciliation Act was filed beyond the time prescribed by law and without any application seeking condonation of delay. Learned counsel for petitioner submits that keeping in mind the object behind the Commercial Courts Act, where a party is not diligent, he is not entitled to any relief. It is argued that the timelines laid down by the legislature have to be strictly adhered to and in the present case, there being a delay of about seven months in filing the restoration application, the delay ought not to have been condoned without a formal application for delay condonation.