NATIONAL HIGHWAYS AUTHORITY OF INDIA Vs. JSC CENTRODORSTROY

JUDGEMENT

(1.) THIS application has been made by the petitioner for condondation of delay of 78 days in re-filing the petition.

(2.) THIS petition under Section 34 of the Arbitration and Conciliation Act challenging the award was preferred within the period of limitation. Along with this, another petition challenging an identical award dated 2nd June, 2008 between the same parties was also filed before the Court on 13th August, 2008.

(3.) COUNSEL for the respondent has opposed the application on the ground that the affidavit which has been filed along with the application affirming the facts was contrary to the affidavits filed in another similar application explaining the delay. Here it is stated that the clerk got confused and in another application it is stated that the clerk had gone to his native place and did not return.