LAWS(P&H)-2022-8-275

STATE OF HARYANA Vs. BANSAL CONSTRUCTION COMPANY

Decided On August 18, 2022
STATE OF HARYANA Appellant
V/S
Bansal Construction Company Respondents

JUDGEMENT

(1.) Prayer in this application is for condonation of delay of 218 days in filing the appeal against the order dtd. 1/11/2018 passed by the Additional District Judge-cum-Presiding Judge, Special Commercial Court at Gurugram, whereby an Objection Petition preferred under Sec. 34 of the Arbitration and Conciliation Act, 1996 by the appellant-State of Haryana against the arbitral award dtd. 7/10/2016, has been dismissed.

(2.) Learned counsel for the applicant-appellant has made valiant efforts to justify and explain the delay in filing the appeal on the basis of the pleadings in the application with further reference to the replication to the reply filed by the respondents-Company to the application for condonation of delay.

(3.) What has been highlighted by the counsel for the applicantappellant is that after receipt of the copy of the order dtd. 1/11/2018 by the Government pleader, comments were sent to the District Attorney, Gurugram, who opined that the appeal should be preferred in the Commercial Appellate Division in the High Court vide order dtd. 12/2/2019. The appellant approached the Legal Remembrancer, Haryana, who also advised for filing of the appeal vide memo dtd. 28/2/2019.