High CourtsDivision Bench(2009) 08 DEL CK 0221

Union of India (UOI) vs Akash Builders and Another

Delhi High Court · Decided on 4 August 2009

HON’BLE JUDGES
Neeraj Kishan Kaul, J · Mukul Mudgal, J
RESULT
Dismissed
CASE NUMBER
F.A.O. (OS) No. 318 of 2009 and C.M. No''s. 10419-10420 of 2009

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Judgment

4 paragraphs · 171 words

Mukul Mudgal, J.—This appeal challenges the impugned judgment passed by this Court on 4th May, 2009 in O.M.P. No. 236 of 2008.

2.

The learned Single Judge while dismissing the objection petition u/s 34 of the Arbitration and Conciliation Act filed by the appellant/UOI noted a fact that the petition was filed 76 days after expiry of the 90 days period as provided u/s 34 sub-Section 3 of the Arbitration and Conciliation Act, 1996. It is not in dispute that the said period is also beyond the additional period of 30 days, which may be available u/s 34(3) proviso.

3.

In this view of the matter, we see no infirmity in the judgment of the learned Single Judge, who relied on the judgment passed by the Hon''ble Supreme Court in S. Pitchai Ganapathy and Others Vs. Commissioner, Hindu Religious and Charitable Endowments Department and Others, . The objections have been preferred beyond the prescribed period under the Act.

4.

Accordingly, the appeal is dismissed. All the pending applications stand disposed of.