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2016 (10) TMI 1366 - SC - Indian LawsRefusal to condone a period of 65 days in re-filing the objections Under Section 34 of the Arbitration and Conciliation Act, 1996 - HELD THAT:- Section 34(3) has no Application in re-filing the Petition but only applies to the initial filing of the objections Under Section 34 of the Act. It was submitted on behalf of the Respondent that Rule 5(3) of the Delhi High Court Rules states that if the Memorandum of Appeal is filed and particular time is granted by the Deputy Registrar, it shall be considered as fresh institution. If this Rule is strictly applied in this case, it would mean that any re-filing beyond 7 days would be a fresh institution. However, it is a matter of record that 5 extensions were given beyond 7 days. Undoubtedly, at the end of the extensions, it would amount to re-filing. Also, Petitioner has offered an explanation for the delay for the period after the extensions. It is deemed appropriate in the interest of justice to set aside the impugned Order - appeal allowed.
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