VIKRANTHI FOUNDATIONS Vs. ORIENT BUILDERS

JUDGEMENT

(1.) The issue that arises for consideration in this matter is whether the learned Master was right in dismissing the applications filed by the Applicant (a) seeking to condone the delay of 191 days in representing the Petition filed under Sec. 34 of the Arbitration and Conciliation Act, 1996; seeking to condone the delay of 211 days in paying the Deficit Court-fee of Rs.1,00,000.00 and (b) as to whether the rigours of Sec. 34(3) of the Arbitration and Conciliation Act, 1996, which prescribes the limitation period for filing Sec. 34 applications is also applicable to condone delay applications filed to condone the delay in re-filing.

(2.) Apart from the above issues, this Court will also have to decide as to whether sufficient cause has been shown by the Applicant for condoning the delay of 54 days in filing the applications aggrieved by the common order of the learned Master, dtd. 21/2/2023, dismissing the applications filed to condone the delay in re-presenting the Petition filed under Sec. 34 of the Arbitration and Conciliation Act, 1996 as well as filed to condone the delay of 211 days in paying the deficit Court-fee of Rs.1,00,000..00

(3.) For deciding the case on hand, the following dates and events are just and necessary to be noted: