Himachal Pradesh High Court
Unknown vs M/S Himachal Techno Engineers V. ... on 18 June, 2025
Author: Sandeep Sharma
Bench: Sandeep Sharma
M/s Himachal Techno Engineers v. Director, National Institute of Technology, Hamirpur CARAP(M) No. 3 of 2025 18.6.2025 Present: Mr. Sumeet Raj Sharma, Advocate, for the petitioner.
Mr. Balram Sharma, Deputy Solicitor General of India, with Mr. Rajeev Sharma, Advocate, for the respondents.
CARAP(M) No. 3 of 2025 By way of instant application, prayer has been made by the applicant for condonation of delay in filing the accompanying objections under Section 34 of the Arbitration and Conciliation Act ( in short "Act") .
Though by way of reply to the application, prayer made by the applicant for condonation of delay has been opposed on the ground that no plausible explanation has been rendered on record qua inordinate delay in filing the accompanying objections under Section 34 of the Act.
Having carefully perused averments contained in the application, which is duly supported by an affidavit, this Court is convinced and satisfied that delay, if any, in maintaining the accompanying objections under Section 34 of the Act, is neither willful nor intentional, rather same has occurred on account of circumstances, which were completely beyond the control of the applicant and as such, prayer made by the applicant for condonation of delay, deserves to be allowed.
Moreover, this Court finds that delay is of 28 days after excluding the period of three months, which in terms of Section 34 (3) of the Act, can be otherwise condoned.
Consequently, in view of the above, present application is allowed and delay of 28 days, which has been otherwise sufficiently explained, is condoned.
CARBC No. of 2025
Be registered.
Admit.
Reply to the objections stands filed. Rejoinder, if
any, to the same be filed within four weeks. Record of learned Arbitrator, if not already received, be called for.
List alongwith CARBC No. 66 of 2025.
June 18, 2025 (Sandeep Sharma), manjit Judge