Delhi Urban Shelter Improvement Board (Dusib) v. M/S Laxmi Construction Co

$~2 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ FAO 143/2018 & C.M.Nos.14911-14/2018 DELHI URBAN SHELTER IMPROVEMENT BOARD (DUSIB) ..... Appellant Through:

Ms. Mini Pushkarna, Standing Counsel.

Versus

M/S LAXMI CONSTRUCTION CO.

..... Respondent Through:

CORAM:

HON'BLE MR. JUSTICE NAJMI WAZIRI

O R D E R

% 21.05.2018 This appeal under section 37 of the Arbitration and Conciliation Act, 1996 (the Act) has been filed after an inordinate delay of 2928 days. The only ground seeking condonation of delay is that a review petition was pending, which was dismissed on 19.09.2017.

The Court is of the view that the said ground is no reason why the appeal was not filed within time. It was always open for the appellant to approach the Court under section 37 of the Act, if they were actually felt aggrieved by the order under section 34 of the Act. In view of the aforesaid, the condonation application being C.M.No. 14912/2018 is dismissed. Consequently, the appeal too, alongwith pending applications, stands dismissed.

NAJMI WAZIRI, J.

MAY 21, 2018 sb