Home Case Index All Cases Indian Laws Indian Laws + HC Indian Laws - 2015 (9) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2015 (9) TMI 1733 - HC - Indian LawsCondonation of delay of 65 days in re-filing the petition - It is alleged that the explanation for delay of nearly two months in re-filing is not satisfactory - Section 34 of the Arbitration & Conciliation Act, 1996 - HELD THAT:- There are no infirmity with the view taken by the learned Single Judge in not condoning the delay. It is noticed that the petition was originally filed without the requisite court fees. Even an application seeking enlargement of time for filing the requisite court fees was not filed. The only explanation given is that the matter was filed in a rush without the requisite court fees. It may be noticed that despite the fact that the matter was filed in a rush, the court fees was not filed for over a period of one month from the date of filing. The explanation tendered is that the amount was substantial and as such it took some time in the amount being credited into the account of the counsel and then being credited to the account of the Stock Holding Corporation for the purposes of obtaining the court fees. The appellant should have been diligent in obtaining and filing the requisite court fees. Merely because a substantial amount was required to be paid as court fees, cannot be a ground to circumvent the statutory provision of limitation. In arbitration matters, the limitation has to be strictly construed and the parties cannot be permitted to frustrate the very purpose of the Act. Even after the court fee was paid, the appellant took over thirty days in removing the defects. Merely because a soft copy was required would not take the appellant over thirty days in preparation of a soft copy. The appellant re-filed the petition repeatedly without curing the defects - the appellant has not been diligent in pursuing the petition and has taken substantial time in removal of the defects. No satisfactory explanation has been forthcoming for the condonation of delay of 66 days in re-filing the petition. Appeal dismissed.
|