STATE OF H.P Vs. SH. PANKAJ

JUDGEMENT

(1.) By way of this appeal filed under Sec. 37 of the Arbitration and Conciliation Act, 1996, the appellants have challenged judgment dtd. 6/4/2021, passed by the Court of learned District Judge, Shimla, in arbitration case titled as The State of H.P. and another versus Sh. Pankaj Thakur, vide which, an application filed under Sec. 36(4) of the Arbitration and Conciliation Act, for condonation of delay in filing the objections under Sec. 34 of the Arbitration and Conciliation Act, against award dtd. 1/10/2019, stands dismissed by the learned Court below.

(2.) Brief facts necessary for the adjudication of this appeal are as under:- Feeling aggrieved by an award passed under the Arbitration and Conciliation Act, dated 01.10.20219, signed copy whereof was provided to the parties on the same date, Objections were preferred under Sec. 34 of the Arbitration and Conciliation Act by the State of Himachal Pradesh-Appellants herein. Along with the Objections, an application was filed under Sec. 36(4) of the Arbitration and Conciliation Act for condonation of delay in filing the same. These Objections along with the application for condonation of delay was filed on 17/2/2020, i.e. on 138th day after passing of the arbitration award.

(3.) For the purpose of record, it is relevant to mention that post winter vacations, the Court of learned District Judge, Shimla, reopened on 17/2/2020, on which date, the Objections along with the application for condonation of delay, were filed.