DEDICATED FREIGHT CORRIDOR CORPORATION OF INDIA LIMITED (DFCCIL) Vs. FERROVIA TRANSRAIL SOLUTION PVT LTD

JUDGEMENT

(1.) The petitioner has filed the above captioned petition under Section 34 of the Arbitration and Conciliation Act, 1996 (hereafter "the Act") impugning the arbitral award dated 13.10.2017 (hereafter "the impugned award") delivered by the Arbitral Tribunal constituted by three members, Sh Deepak Krishan (Presiding Arbitrator), Sh Budh Prakash and Sh Vipin Jha (hereafter "the Arbitral Tribunal"). The impugned award was rendered in the context of disputes that had arisen between the parties in respect of the "Contract Agreement" dated 12.04.2013 (hereafter "the Agreement").

(2.) The petitioner has also filed an application (IA No.4843/2018) seeking condonation of delay of 76 days in re-filing the above captioned petition.

(3.) The petitioner had filed the petition on 21.11.2017, which was within the time specified under Section 34(3) of the Act. However, the said petition was defective and was returned on 22.11.2017 for curing the defects. The petitioner re-filed the petition on 24.11.2017. However, the petition was still defective and, thus, was returned on 25.11.2017. The petitioner re-filed the petition on 14.12.2018 but it continued to be defective. The principal defect pointed out related to the non-filing of the original documents.