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february 2007

Supreme Court of India · 2007-02-28

STATE OF ARUNACHAL PRADESH vs M/S. DAMANI CONSTRUCTION CO.

Citation / case number
SC 2005/12744
Court
Supreme Court of India
Petitioner
STATE OF ARUNACHAL PRADESH
Respondent
M/S. DAMANI CONSTRUCTION CO.
Author
V.S. SIRPURKAR A.K.MATHUR
Bench
V.S. SIRPURKAR A.K.MATHUR

Judgment text excerpt

The Supreme Court held that the order of the Gauhati High Court setting aside the Deputy Commissioner's order condoning the delay in filing an application under Section 34 of the Arbitration and Conciliation Act, 1996 was erroneous. The Court clarified that the delay in filing such applications can be condoned under Section 5 of the Limitation Act, 1963, provided sufficient cause is shown. The appeal was allowed, reinstating the Deputy Commissioner's order and emphasizing the importance of ensuring that disputes are resolved through arbitration as intended by the Act.

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