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Madras High CourtA/5276/2019allowed

Golden Prosperous Property Developers Pvt.Ltd v. Sikora Salavador International Ltd

2019-09-16Honourable Mr Justice Senthilkumar Ramamoorthy2 pages

A.No.5276 of 2019 in O.P.SR.No.12047 of 2019 SENTHILKUMAR RAMAMOORTHY,J This application is filed to condone the delay of 27 days in filing the petition under Section 34 of the Arbitration and Conciliation Act 1996. 2.In the affidavit filed in support of the application, it is stated that the applicant faced a liquidity crisis while executing the project and also had to consult with the legal advisor before taking the decision to file the Arbitration O.P. and that this resulted in the delay of 27 days, which is neither wilful nor wanton.

3.In the counter affidavit, the respondent has stated that the delay of 27 days has not been properly explained and that the explanation is not satisfactory.

4.Upon perusing the affidavit, counter affidavit and considering the oral submissions, I am of the view that the applicant has made out sufficient cause to condone the delay of 27 days in terms of Section 34(3) of the Arbitration and Conciliation Act,1996. Accordingly, the delay is condoned and the Registry is directed to number the Arbitration O.P. if it is otherwise in order.

16.09.2019 rrg SENTHILKUMAR RAMAMOORTHY.J http://www.judis.nic.in

rrg A.No.5276 of 2019 in O.P.SR.No.12047 of 2019 16.09.2019 http://www.judis.nic.in