Interim Order 4

Order Details: COPY OF ORDER
Pdf Text: BEFORE THE COURT OF SH. SURINDER S. RATHI, DISTRICT JUDGE
(COMM.)-11 CENTRAL, THC, DELHI
OMP (Comm.) No. 17/2025
Government of NCT of Delhi Vs. Maa Bhagwati Associates
24.05.2025
Present: Sh. Zafar Abbas, Ld. Counsel for petitioner.
Ld. Counsel for the petitioner has e-filed an application under Section
5 of Limitation Act, 1963 read with Section 151 CPC in so far as there is one
day’s delay in filing of this petition as discussed in the last order.
Since, Section 34 (3) of The Arbitration & Conciliation Act, 1996
is the relevant provision wherein such application for condoning delay has to be
filed and Section 5 of Limitation Act, 1963 has no applicability. Accordingly, this
application is dismissed.
As prayed, the matter is adjourned for post-lunch session.
Be called at 2 p.m.
(SURINDER S. RATHI)
District Judge
Commercial-11
Central District, THC,
Delhi/24.05.2025(P)
At 2:30 p.m.
Present: Sh. Zafar Abbas, Ld. Counsel for petitioner.
Ld. Counsel for the plaintiff has e-filed an application under Section
34 (3) of A&C Act, 1996 alongwith an application under Section 36 (3) of A&C
Act, 1996. However, perusal of the petition filed by the objection petitioner shows
that no compliance of Section 34 (5) of A&C Act, 1996 has been carried out. For
ready reference Section 34 (5) of A&C Act, 1996 is reproduced hereunder:
-- 1 of 2 --
Section 34: Application for setting aside arbitral award.
“(5) An application under this Section shall be filed by a party only
after issuing a prior notice to the other party and such application
shall be accompanied by an affidavit by the applicant endorsing
compliance with the said requirement.”
Plain reading of this shows that there is a categorical bar on a party to
file Section 34 A&C Act, 1996 objection petition unless a copy thereof has been
duly served on opposite party in advance and also unless an affidavit of
compliance of Section 34 (5) A&C Act, 1996 is placed on record.
Upon being asked, Ld. Counsel for the petitioner accepts that neither
any advance copy of the objection petition has been issued or served upon the
respondent nor any affidavit in compliance thereof has been placed on record. In
that view, the objection petition is adjourned sine die in terms of law laid
down by Hon’ble Supreme Court of India in case titled State of Bihar And
Others Vs. Bihar Rajya Bhumi Vikas Bank Samiti, (2018) 9 SCC 472 till such
time the above compliance is carried out by the petitioner and affidavit in
that regard is submitted in the Court.
File be consigned to Record Room after due compliance.
(SURINDER S. RATHI)
District Judge
Commercial-11
Central District, THC,
Delhi/24.05.2025(P)
-- 2 of 2 --