P.Santhosh v. J.Kishore

in Arb. O.P. Dr. No.14893 of 2023 ABDUL QUDDHOSE, J.

P. Santhosh ...

Applicant vs.

J. Kishore ...

Respondent -------- This application has been filed seeking to condone the delay of 30 days in filing a petition to set aside an Arbitral Award. The applicant has stated in the affidavit that due to the following reasons, the petition filed under Section 34 of the Arbitration and Conciliation Act, 1996, challenging the Arbitral Award has been filed belatedly : a) the applicant was earlier residing in a different address and therefore, there was a delay in receipt of the Arbitral Award from the Arbitral Tribunal.

b) The applicant's wife had delivered a baby recently and due to the said reason, there was a delay in contacting the counsel to file an application under Section 34 of the Arbitration and Conciliation Act, 1996.

2. The reasons given by the applicant are satisfactory and since the 1/3

delay is within the prescribed period as stipulated under Section 34 of the Arbitration and Conciliation Act, 1996, this Court is inclined to allow this petition. The respondent has been duly served in this application and till date, he has chosen not to defend this application.

3. For the foregoing reasons, this application is allowed as prayed for.

4. Registry is directed to number the O.P. filed under Section 34 of the Arbitration and Conciliation Act, 1996 if the same is otherwise in order.

08.08.2023 vsi2 ABDUL QUDDHOSE, J.

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