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2017 (8) TMI 1439 - HC - Indian LawsCondonation of delay of 247 days in filing the petition - exclusion of time taken in refiling the petition - Section 34 of the Arbitration and Conciliation Act, 1996 - Held that:- Re-filing the application/petition without accompanying the application for condonation of delay, as provided in H.P. High Court Rules, for taking the time, to remove the objections, beyond 20 days is not fatal for the applicant/petitioner as the Registry has never objected re-filing of the petition beyond 20 days after removing the objections and for this reason it cannot be said that application/petition is not properly instituted for want of condonation of delay in re-filing the petition after removing objections as it was entertained by the Registry and listed in the Court without any such objection and therefore, there was no occasion for the applicant/petitioner to invoke Rule 7 of Chapter 6 C of Part 1 of H.P. High Court Rules. In fact the delay in re-filing deserves to be considered as deemed to have been condoned. The exclusion of time as provided under Section 14 of the Limitation Act is not available only for defect of jurisdiction, but also 'other cause of like nature' and interpretation of 'other cause of like nature' as only defect of jurisdiction, would be against the intention of legislation as in that eventuality there was no need to incorporate the word 'or other cause of like nature.' - Section 34(5) of the Act 1996 provides that an application under Section 34 '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 of the said requirement. The language of sub Section indicates that compliance thereof is mandatory in nature and definitely without such compliance and affidavit related thereto, the Court was unable to entertain it. After permitting exclusion of time from 26.2.2015 to 25.10.2015 taken in pursing the first application/petition filed without compliance of provisions of Section 34(5) of the Act, 1996 and re-filing the present application/petition after compliance thereof, the delay of 6 days in filing the application/petition is condoned - application allowed.
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