MODEL FURNISHERS Vs. DELHI DEVELOPMENT AUTHORITY AND ANR.

JUDGEMENT

(1.) THE suit has been filed under Section 14 and 17 of the Arbitration Act, 1940 for directing the respondent No. 2 arbitrator to file the arbitral award dated 26th April, 1990 in this Court and for making the same rule of the court. The suit was filed in this Court first on 23rd October, 2008 i.e. after more than 18 years from the date of the arbitral award. The long delay is sought to be condoned.

(2.) THE suit has been preferred by one Mrs. Soni Dave claiming to be the daughter and only legal heir of late Mrs. Raj Kumari Berar who is stated to have been the Proprietor of the petitioner.

(3.) NOW the application for condonation of delay is for consideration. The counsel for the petitioner has placed reliance on N. Balakrishnan v. M. Krishnamurthy : (1998) 7 SCC 123 wherein it has been held that the length of the delay is not relevant and the acceptability of the explanation is the only criteria. Reliance is also placed on Bharat Coking Coal Ltd. v. L.K. Ahuja & Co. : AIR 2001 SC 1179 and Ram Nath Sao @ Ram Nath Sahu and Ors. v. Gobardhan Sao and Ors. : (2002) 3 SCC 195.