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Delhi High Court - Orders

Smiti Golyan vs Purearth Infrastructure Ltd on 13 February, 2023

Author: Prateek Jalan

Bench: Prateek Jalan

                          $~44
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI

                          +      O.M.P. (COMM) 48/2023

                                 SMITI GOLYAN                                          ..... Petitioner
                                                      Through:     Mr. C.P. Vig, Advocate.

                                                             versus

                                 PUREARTH INFRASTRUCTURE LTD.             ..... Respondent
                                              Through: Mr. Anil K. Airi, Senior Advocate
                                                       with Dr. Amit George & Mr.
                                                       Aman Gupta, Advocates.

                          CORAM:
                          HON'BLE MR. JUSTICE PRATEEK JALAN

                                                      ORDER

% 13.02.2023 I.A. 2333/2023 Exemption allowed, subject to all just exceptions. The application stands disposed of.

I.A. 2334/2023 (Application on behalf of the petition for condonation of delay of 30 days in filing the petition) & I.A. 2335/2023 (Application on behalf of the petition for condonation of delay of 270 in refiling the petition)

1. These applications have been filed by the petitioner seeking condonation of delay of 30 days in filing the petition, and 270 days delay in refiling the petition.

2. Mr. Anil K. Airi, learned Senior Counsel for the respondent, who appears on advance notice, relies upon several judgments of this Court to submit that a liberal approach cannot guide the Court while considering Signature Not Verified Digitally Signed By:SHITU NAGPAL O.M.P. (COMM) 48/2023 Page 1 of 2 Signing Date:14.02.2023 12:36:30 an application for condonation of such an inordinate delay in refiling of a petition under Section 34 of the Arbitration and Conciliation Act, 1996.

3. Mr. C.P. Vig, learned counsel for the petitioner, seeks time to make submissions on this aspect.

4. At Mr. Vig's request, list on 11.05.2023. O.M.P. (COMM) 48/2023 List on 11.05.2023.

PRATEEK JALAN, J FEBRUARY 13, 2023 'pv'/ Signature Not Verified Digitally Signed By:SHITU NAGPAL O.M.P. (COMM) 48/2023 Page 2 of 2 Signing Date:14.02.2023 12:36:30