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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

Northern Railway challenged the Delhi High Court's refusal to condone a 65-day delay in re-filing objections to an arbitral award under Section 34 of the Arbitration and Conciliation Act, 1996. The objections had been initially filed on time but were defective, and the court granted extensions to remove defects. The Supreme Court held that Section 34(3), which prescribes a three-month limit for filing such applications, applies only to initial filings, not re-filings. Although strict procedural rules might bar re-filing, the Court found that multiple extensions had been granted and the railway provided a reasonable explanation (difficulty in arranging court fees of Rs. 8,94,000). The appeal was allowed and the objections were restored for substantive disposal in the interest of justice.

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Arbitration Procedural Law Condonation of Delay Court Fees

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