T.S.K.Venkata Subba Rao v. Phoenix Asst Reconstruction Company Private Limited, Rep By Yuvaraj

Application No. 1914 of 2024 and C.V.KARTHIKEYAN, J.

This application has been filed seeking to condone the delay of 55 days in filing the appeal against the order of the learned Master dated 18.12.2023.

2. Originally, the Arbitration O.P. (D) No. 7665 of 2018 had been filed under Section 34 of the Arbitration and Conciliation Act, 1996. The main ground taken was that the notice was not served in the Arbitration proceedings. Thereafter, the said application kept revolving between the office of the counsel and the Registry. There was a delay in re-presentation. Application No. 3097 of 2022 has been filed seeking to condone the delay in re-presentation. That came up for consideration before the learned Master, whereas, orders were passed by the learned Master and aggrieved by the same, an appeal has been preferred before

this Court. In filing that appeal, there is a delay of 55 days. Notice had been issued to the respondent.

3. Taking into consideration that the issues should be examined not only by the Court in original but also by the Appellate Court, the delay is condoned.

4. Registry to number the Arbitration Appln. (D) No. 35273 of 2024, if it is otherwise in order.

22.07.2024 Maya

C.V.KARTHIKEYAN,J.

Maya Application No. 1914 of 2024 and 22.07.2024