High CourtsSingle Bench(2022) 07 OHC CK 0163

Faridabad Gurgaon Minerals vs Orissa Mining Corporation Ltd

Orissa High Court · Decided on 27 July 2022

HON’BLE JUDGES
Arindam Sinha, J
RESULT
Allowed
CASE NUMBER
Writ Petition (C) No. 20046 Of 2019

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Judgment

8 paragraphs · 173 words

Arindam Sinha, J

WP(C) no.20046 of 2019 and I.A. no.14662 of 2019

1.

Mr. Mohanty, learned advocate appears on behalf of petitioner and submits, his client made demurrer application in the Court below on maintainability of challenge to the award passed. He demonstrates from impugned order dated 7th September, 2019 that the award was passed on 7th December, 2015 and obtained by petitioner on 9th December, 2015. The arbitration petition was filed without compliance with requirement under sub-section (5) in section 34, Arbitration and Conciliation Act, 1996, on 8th April, 2016. The petition was without pleading and particulars for causes of delay beyond 3 months in filing of it. He prays for adjournment and leave to file additional affidavit to disclose that petition.

2.

Mr. Tripathy, learned advocate appears on behalf of opposite party.

3.

Liberty is granted to petitioner to file additional affidavit or hand up copy of the petition at the time of hearing.

4.

List on 1st August, 2022.

5.

Interim order passed earlier to continue till next date.

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