LAWS(DLH)-2017-8-75

AAKASH EDUCATIONAL SERVICES LTD. Vs. CHIRAG KOTHARI

Decided On August 24, 2017
Aakash Educational Services Ltd. Appellant
V/S
Chirag Kothari Respondents

JUDGEMENT

(1.) CM No. 37802/2016 (Delay of 503 days in filing the appeal) By this application delay of 503 days is sought to be condoned in filing of this first appeal under section 37 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the Act') against the judgment of the trial court dated 24.1.2015. The trial court by the impugned judgment allowed the objections filed by the respondent herein under Section 34 of the Act and set aside the Award dated 7.2.2014 by holding that the respondent herein was not served in the arbitration proceedings.

(2.) It has been explained in the subject application for condonation of delay that the appellant had applied for review of the impugned order dated 24.1.2015 because it was understood between the parties during the course of hearing that since respondent is not served in the arbitration proceedings therefore after the Award is set aside the matter would be remanded to the Arbitrator for a fresh decision, however by the impugned order after setting aside the Award on the ground of non-service of the respondent the court below did not remand the matter for fresh decision in the arbitration proceedings.

(3.) In the present application for condonation of delay, it is further stated that if limitation is counted from the date of the disposal of the review application by the court below as per its order dated 15.7.2016 then the present appeal is within limitation.