M/S Srs Real Estate Limited v. Grand Realtech Limited

$~22 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P. (COMM) 47/2019 & IA No. 1484/2019 & 1485/2019 M/S SRS REAL ESTATE LIMITED ..... Petitioner Through:

Mr. Kamal Kumar, Advocate versus GRAND REALTECH LIMITED ..... Respondent Through:

Nemo

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 31.01.2019 I.A. No. 1485/2019 (Exemption) Allowed, subject to all just exceptions.

OMP (Comm.) 47/2019 and I.A. No. 1484/2019 (Delay) The present petition has been filed by the petitioner challenging the Arbitral Award dated 15.05.2018 passed by the Sole Arbitrator. The petition has been filed with a delay of 148 days. In terms of Section 34(3) of the Arbitration and Conciliation Act, 1996 and as explained by the Supreme Court in Union of India v. Popular Construction Co., (2001) 8 SCC 470, this Court has no power to condone such delay which is beyond the period of 30 days from three months from the date of receipt of the Award by the petitioner.

In view of the above, the application seeking condonation of 148 days delay in filing the present petition is dismissed. Consequently, the petition is also dismissed as not maintainable. NAVIN CHAWLA, J JANUARY 31, 2019/sd