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1 - 4 of 4 (0.46 seconds)The Code of Civil Procedure, 1908
M/S. Simplex Infrastructure Ltd. vs Union Of India on 5 December, 2018
12. The learned Single Judge has reproduced the application preferred by
the appellant under Section 34 (3) of the Arbitration & Conciliation Act to
show the casual manner in which the said application was preferred. The
learned Single Judge takes note of the decision of the Supreme Court in
Simplex Infrastructure Limited Vs. Union of India, (2019) 2 SCC 455, to
show that the Court cannot condone the delay beyond the period of 30 days
after the expiry of the limitation period of three months to assail the arbitral
award. The reason why the learned Judge did not allow the appellant's
application was that no effort had been made by the appellant to set out any
grounds which prevented it from approaching the Court within the period of
limitation of three months. The application did not clearly disclose as to
when the appellant BSNL gave final approval for filing of the objections.
The details as to when the objections were drafted & sent to the appellant
and when the final draft was given by the counsel have also not been
disclosed.
The Arbitration And Conciliation Act, 1996
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