Punjab Small Industries And ... vs Steel Authority Of India Limited
2015 Latest Caselaw 3682 Del

*      IN THE HIGH COURT OF DELHI AT NEW DELHI
                                          Date of decision: May 06, 2015
+      O.M.P. 293/2015 & IAs 9566-67/2015

       PUNJAB SMALL INDUSTRIES AND EXPORT
       CORPORATION
                                           ..... Petitioner
                    Through: Mr.Raktim Gogoi, Advocate

                          versus

       STEEL AUTHORITY OF INDIA LIMITED
                                                     ..... Respondent
                          Through:     Mr. Counsel
                                       (Appearance not given)

       CORAM:
       HON'BLE MR. JUSTICE V. KAMESWAR RAO
                    ORDER

       %            06.05.2015

I.A No. 9565/2015

Exemption allowed, subject to all just exceptions.

Application stands disposed of accordingly.

O.M.P. 293/2015 & IAs 9566-67/2015 (condonation of delay)

1. The challenge in the present petition is to the award dated

May 6, 2014 passed by Ld. Sole Arbitrator, whereby he has decided

issue nos. 2 to 4 in favour of the respondent herein. The petition is

accompanied by two applications, I.A 9566 of 2015 seeking

condonation of 232 days delay in filing the petition challenging the

impugned order dated May 6, 2014 and I.A 9567 of 2015 seeking

condonation of 10 days delay in re-filing the petition.

2. Insofar as I.A No. 9567 of 2015 is concerned, for the reasons

stated in the petition, the delay of 10 days in re-filing the petition is

condoned.

3. In so far as I.A No. 9566 of 2015 is concerned, I note that the

petition is filed beyond a period of three months and also thirty days

prescribed under Section 34 (3) of the Arbitration & Conciliation

Act. Suffice to state, it is a settled position of law in view of the

judgment of Hon'ble Supreme Court of India in the case of Union

of India Vs. Popular Construction 2001 Supp (3) SCR 619 and

subsequent judgments reported as Consolidated Engineering

Enterprise Vs. Principal Secretary, Irrigation Department & ors

2008 (7) SCC 169, Chattisgarh State Electricity Board Vs. Central

Electricity Regulatory Commission 2010 (5) SCC 23 and Assam

Urban Water Supply & Sewerage Board Vs. Subhash Projects &

Marketing Ltd 2012 (2) SCC 624 wherein it is inter alia held that

recourse to the Court can be made only by an application filed

within three months from the date of receipt of the award and the

Court on sufficient and adequate reasons may condone the delay of

30 days thereafter in filing the petition and not thereafter. In view

of this position of law, IA 9566/2015 and OMP 293/2015 are

dismissed, as not maintainable.

V. KAMESWAR RAO, J MAY 06, 2015/ak