Union Of India vs Akash Builders & Anr.
2009 Latest Caselaw 3009 Del

*           IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                         Date of decision: 4th August, 2009

+                       F.A.O. (OS) NO.318 OF 2009 &
                        C.M. NOS.10419-10420 OF 2009

       UNION OF INDIA                             ..... Appellant
                            Through: Mr. Kumar Rajesh Singh, Advocate.

                                 versus

       AKASH BUILDERS & ANR.                         ..... Respondents
                     Through: None.

CORAM:
HON'BLE MR. JUSTICE MUKUL MUDGAL
HON'BLE MR. JUSTICE NEERAJ KISHAN KAUL

1.     Whether Reporters of the local newspapers may be allowed          to see
       the judgment?                                                     [NO]
2.     Whether to be referred to the Reporter or not?                    [NO]
3.     Whether the judgment should be reported in the Digest?            [NO]

                              JUDGMENT

MUKUL MUDGAL, J. (ORAL)

1. 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 under Section 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 under Section 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 under Section 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 Union Of India Vs. Popular Construction

Company; 2001 (8) SCC 460. The objections have been preferred beyond

the prescribed period under the Act.

5. Accordingly, the appeal is dismissed. All the pending

applications stand disposed of.

MUKUL MUDGAL [JUDGE]

NEERAJ KISHAN KAUL [JUDGE] AUGUST 04, 2009 'AA'