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o/o L5.07.20LI
Present: Mr. Nalin Tripathi, Addl. Standing counsel for the appellant'
Mr. Sanjeev Kumar, Advocate for the respondent' c.M. No.11.946/20 rati aetravl in rno ruo.rgg/og
For the reasons stated in the applications, the delay is condoned and appeal is restored to its original number'
Applications stand disPosed of.
+ FAO No.199/O9 l' The challenge by means of this first appeal under Section 37 of
Arbitration & Conciliation Act, 1996 (hereinafter referred to as 'the Act'), is to the impugned order dated 15.1.2009 which has dismissed the objections under Section 34 of the Act on the preliminary ground that the same were barred by limitation having been filed beyond the statutory period of 120 (90
+ 30) days. This issue is no longer res integra and is covered by the decision of the supreme court in the case of llnion of India vs. Popular construction co. (2ooL) g scc 47O. Since factually it cannot be disputed that the objections were in fact filed beyond the statutory period of 120 days, the trial Court has rightly dismissed the objections in view of the decision in the case of Popular construction (supra)'
There is therefore no merit in the appeal.
Dismissed.
JULY 15, zOLL
Ne lr'^ A
V aJ*v-ttttYvcta.a
VALMlKl J. MEHTA, J.
2011:DHC:12269
Present: Mr. Nalin Tripathi, Addl. Standing counsel for the appellant'
Mr. Sanjeev Kumar, Advocate for the respondent' c.M. No.11.946/20 rati aetravl in rno ruo.rgg/og
For the reasons stated in the applications, the delay is condoned and appeal is restored to its original number'
Applications stand disPosed of.
+ FAO No.199/O9 l' The challenge by means of this first appeal under Section 37 of
Arbitration & Conciliation Act, 1996 (hereinafter referred to as 'the Act'), is to the impugned order dated 15.1.2009 which has dismissed the objections under Section 34 of the Act on the preliminary ground that the same were barred by limitation having been filed beyond the statutory period of 120 (90
+ 30) days. This issue is no longer res integra and is covered by the decision of the supreme court in the case of llnion of India vs. Popular construction co. (2ooL) g scc 47O. Since factually it cannot be disputed that the objections were in fact filed beyond the statutory period of 120 days, the trial Court has rightly dismissed the objections in view of the decision in the case of Popular construction (supra)'
There is therefore no merit in the appeal.
Dismissed.
JULY 15, zOLL
Ne lr'^ A
V aJ*v-ttttYvcta.a
VALMlKl J. MEHTA, J.
2011:DHC:12269
JUDGMENT