SUDESH HANS vs GIAN CHAND HANS AND ANR

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 25.02.2025 + O.M.P. 5/2024, I.A. 32540/2024 and I.A. 32541/2024 SUDESH HANS .....Petitioner Through: Mr.Jinendra Jain, Mr.Harshit, Mr.Krishna, Ms.Bijay, Mr.Manoj Gautam and Mr.Manoj, Advocates versus GIAN CHAND HANS AND ANR .....Respondents Through: Ms. Sangeeta Sondhi & Mr. Daksh Jain, Advocates CORAM: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI JUDGMENT (ORAL) 1. The present petition has been filed under Section 34 of the Arbitration and Conciliation Act 1996 (hereinafter, referred to as the „A&C Act‟), challenging the Award dated 29.12.2023 (hereinafter the “impugned award”). The petition is accompanied by an application for condonation of delay of 63 days in re-filing of the petition. 2. At the outset, the respondents have objected to the maintainability of the present petition on the ground of delay by asserting that it is beyond the condonable period prescribed under Section 34 (3) of the A&C Act. In view of this preliminary objection, the Court has heard the learned counsel for the parties at length on the said aspect. 3. Learned counsel for the respondents submits that the present petition Signature Not Verified Digitally Signed O.M.P. 5/2024 Page 1 of 11 By:GAUTAM ASWAL Signing Date:04.03.2025 18:40:06 deserves to be dismissed inasmuch as the initial filing on 28.03.2024, though within the limitation period of 3 months from the award dated 29.12.2023, lacked the requisite documents to constitute a proper filing as the same was not accompanied by a copy of the award, rendering the filing non-est, with the defects being non-curable. The petition, as first filed on 28.03.2024 with only 36 pages, was missing inter alia, impugned Award, Statement of Truth, Vakalatnama, signature of party & counsel and the first