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Supreme Court of India 2016-10-24 allowed

Northern Railway vs Pioneer Publicity Corp. Pvt. Ltd

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

The Supreme Court allowed an appeal by Northern Railway against the Delhi High Court's refusal to condone a 65-day delay in re-filing objections under Section 34 of the Arbitration and Conciliation Act, 1996. The Court held that Section 34(3), which imposes a three-month limitation, applies only to initial filing, not re-filing. Although Delhi High Court Rules technically require re-filing within 7 days or treat it as a fresh institution, the Court noted that multiple extensions had been granted. Given the Railway's explanation that delay was caused by arranging court fees and the overall circumstances, the Court condoned the delay in the interest of justice and directed the objections be taken up for disposal according to law.

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Arbitration Procedure Code Condonation of Delay Limitation

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