High CourtsSingle Bench(2005) 09 DEL CK 0055

Delhi Transport Corporation, (DTC) vs Capital Body Builders and Another

Delhi High Court · Decided on 15 September 2005 · Citation: (2006) 86 DRJ 373

HON’BLE JUDGES
Ramesh Chand Jain, J
RESULT
Allowed
CASE NUMBER
C.S. (OS) No. 28A of 2001 in I.A. No. 1155 of 2001

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Judgment

8 paragraphs · 232 words

R.C. Jain, J.

IA No. 935/2001

1.

This is an application u/s 151 CPC made on behalf of the plaintiff seeking condonation of delay in filing the petition under Sections 14 and 17 of the Arbitration and Conciliation Act, 1996 in relation to the Award dated 7.8.2000 notice of which was received by the petitioner on 11.8.2000. The application is supported by the affidavit of Mr. T.C. Madan, Senior Manager of Delhi Transport Corporation-petitioner and also by the affidavit of the counsel for the petitioner.

2.

The application is opposed and a reply has been filed on behalf of the respondent. Having gone through the averments and allegations made in the application, this Court is satisfied that there were sufficient reasons which explains the delay in filing the petition under Sections 14 and 17 of the Arbitration and Conciliation Act, 1996. Consequently the application is allowed and the delay in filing the present petition is condoned.

The application stand disposed of accordingly.

CS (OS) No. 28 A/2001

3.

Record of arbitral proceedings already stands filed by the Arbitrator. Since the respondent is already represented in the proceedings. Mr. Raman Kapur, Advocate accepts notice of filing of the Award by the Arbitrator which will be deemed to be the notice accepted today. Objections, if any, to the other Award of the Arbitrator may be filed within 30 days.

List on 8th February, 2006.