SHARDA AGRO AGENCY Vs. EXCLUSIVE COMMODITIES LIMITED

JUDGEMENT

(1.) THE Petitioner has invoked Section 34 of the Arbitration and Conciliation Act, 1996 (for short, the Arbitration Act), thereby challenged the award dated 17th April, 2006, but as there is a delay as contemplated under Section 34 (2) of the Arbitration Act, the Notice of Motion is taken out for condonation of delay of 9 / 14 days in filing Arbitration Petition as claimed to have received a certified copy of the award on 10th December, 2008.

(2.) ADMITTEDLY, the Petitioner applied on 03rd December, 2008. The Petition could not be filed within three months because of default on the part of the Registered Clerk and ultimately, the Petition was filed on 21st March, 2009. There was no application for condonation of delay filed on that time. The relevant facts are as under:

(3.) AS there was no challenge to the award within limitation, the Respondent filed an Execution Case No. 4B/2008, at Mumbai Court. The Respondent got transfer the same for Execution at District Court, Itarsi, (M.P.). The Petitioner has full knowledge of the said proceedings. The Petitioner appeared before the Executing Court and sought adjournments from time to time.