D.D. Kisan vs K.P. Production on 14 March, 2022
14. Supreme Court in Suo Moto Writ Petition (Civil) no. 3 of
2020, In Re: Cognizance For Extension Of Limitation vide
order dated 10/01/2022 has excluded the period from 15/03/2020
till 28/02/2022 for computing the period of limitation for any
OMP (Comm.) No. 210/2019 D.D. Kisan & Anr. Vs K.P. Production Page 25 of 56
suit, appeal, application or proceedings and the petition under
Section 34 of The Act is also eligible for the same. Since the
original petition under Section 34 of The Act was not fully
compliant of mandatory provisions for a commercial dispute of a
specified value, petitioner through Counsel had moved an
application under Section 151 CPC on 06/10/2021 with copy of
petition duly signed on each page with Statement of Truth and
list of documents in a prescribed form, whereas the initially filed
petition on 26/11/2019 though was not signed on each and every
page by AR of the petitioner but was so signed by AR of the
petitioner on the last page with duly sworn affidavit
accompanying the petition. Orders of Supreme Court in Suo
Moto Writ Petition (Civil) no. 3 of 2020, In Re: Cognizance For
Extension Of Limitation including the last order dated
10/01/2022 come to protection of the petitioner to consider the
present petition under Section 34 of The Act to be within the
period of limitation as the period of three months from the date
21/12/2019, the date of receipt of copy of order of Ld. Sole
Arbitrator under Section 33 of The Act, was the date from which
the time begins to run and three months thereof completed on
20/03/2020 i.e., within the period above said which was excluded
for computing the period of limitation for filing the said petition
under Section 34 of The Act. It is not the case that only bunch of
papers without any appropriate affidavit had been filed by
petitioner with respect to which Ld. Counsel for
respondent/claimant placed implicit reliance upon the cases of (i)
Oil and Natural Gas Corporation Limited vs Joint Venture of
Sai Rama Engineering Enterprises (Sree) & Megha
OMP (Comm.) No. 210/2019 D.D. Kisan & Anr. Vs K.P. Production Page 26 of 56
Engineering & Infrastructure Limited (Meil) (supra); (ii)
Indira Gandhi National Open University vs Sharat Das &
Associates Pvt. Ltd. (supra) and (iii) Director-Cum- Secretary
vs Sarvesh Security Services Pvt. Ltd. (supra) and so no
occasion arises to apply these precedents in this case to show
petitioner the door of the court. The curable defects have been
sought to be cured by petitioner within the period as permissible
by Supreme Court in the case of Suo Moto Writ Petition
(Civil) no. 3 of 2020, In Re: Cognizance For Extension Of
Limitation, for which petitioner is found entitled and is so
allowed.