GREEN VALLEY CGHS LTD Vs. GURCHARAN SINGH

JUDGEMENT

(1.) This intra-Court appeal by Green Valley Cooperative Group Housing Society Limited impugns order dated 7th April, 2016, whereby the learned single Judge has refused to condone delay of 129 days in re-filing of objections under section 34 of the Arbitration and Conciliation Act, 1996 (Act, for short). The delay would be 159 days if the initial date of filing i.e. 29th October, 2014 is ignored and the objections are treated as filed on 4th April, 2014, when the defects raised were finally removed in entirety.

(2.) The appellant-Society has challenged the Award dated 23rd July, 2014 by filing the aforesaid objections. The objections, it is accepted and admitted, were filed within time as prescribed under Section 34 of the Act on 27th October, 2014.

(3.) The objections, however, were returned under office objection on 30th October, 2014. The objections were taken back by the counsel for the appellant Mr. B.N. Singhvi and were re-filed on 7th November, 2014. It appears that the objections were not entirely removed. The Registry once again returned the objections for this reason and also raised new objections on 11th November, 2014. The objections were re-filed on 22nd November, 2014 after including typed papers. Yet again, the objections were returned under office objection on 24th November, 2014. This process of filing and re-filing of the objections in the Registry continued till all objections/defects were removed on 4 th April, 2015.