KIRAN SURAN Vs. SATISH KUMAR

JUDGEMENT

(1.) This appeal has been filed by the appellant under Sec. 13 of the Commercial Courts Act, 2015 read with Sec. 37 of the Arbitration and Conciliation Act, 1996 (in short, 'A&C Act'), challenging the Order dtd. 18/10/2024 (hereinafter referred to as 'Impugned Order') passed by the District Judge (Commercial Court-01) East District Karkardooma Courts, Delhi (hereinafter referred to as the 'learned Trial Court') in OMP (COMM) No. 11/2022, titled Kiran Suran v. Satish Kumar and Ors. (hereinafter referred to as 'Sec. 34 Petition'), whereby, the learned Trial Court has dismissed the application filed by the appellant herein under Sec. 34(3) of the A&C Act seeking condonation of delay of 287 days in filing the said Sec. 34 Petition.

(2.) The appellant, on or around 18/4/2022, had filed the above mentioned Sec. 34 petition challenging the Arbitral Award dtd. 3/6/2019 passed by a learned Sole Arbitrator (hereinafter referred to as the 'Impugned Award').

(3.) The learned Sole Arbitrator had been appointed by this Court vide its Order dtd. 16/10/2005 passed on an application filed under Sec. 11 of the A&C Act by Late Shri N.K. Chopra, father of the appellant, and Late Shri I.P. Chopra, respondent no. 17 herein, against the respondent no. 1, Mr. B.P. Arora (now represented by the respondent nos. 3 and 4), and Mrs. Sushma Arora, respondent no. 5 herein, to adjudicate the disputes that had arisen between the parties in relation to the Collaboration Agreement dtd. 14/5/2001 between these parties. Later, the subsequent transferees from the said respondents were also added as parties to the arbitration proceedings.