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1 - 4 of 4 (0.20 seconds)Union Of India (Uoi) vs S.R. Construction Co. And Anr. on 6 September, 2007
11. It is manifest that the petitioner has been pursuing its remedy with all
diligence without avoiding any delay. The original objection rather was
filed within the prescribed period of three months. Thus, there was not even
a single day delay in challenging the Award. It is different matter if some
delay has happened on returning the petition on account of lack of pecuniary
jurisdiction and to refile the same in this court. At the best the said delay of
few days is to be considered as delay in re-filing and an advantage cannot be
derived by the respondent for such a delay when the objection under Section
OMP No.705/2012 Page 7 of 8
34 are filed in time. No doubt the court has to consider the application for
condonation of delay in refilling as per its own merit and incase the
petitioner is able to make out a case by establishing a case of sufficient
cause, the same can be considered in view of observation made by the
Division Bench in the case of Durga Construction (Supra).
The Code of Civil Procedure, 1908
Section 15 in The Arbitration And Conciliation Act, 1996 [Entire Act]
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