Asr Dredging Services (P) Ltd, Represented By Its Authorised Sigantory Ms.Ashraf Baker, v. Krishna Dredging Company (P)Ltd

A.No.5288 of 2022 in Arb.O.P(Com.Div).Dr.No.113668 of 2022 KRISHNAN RAMASAMY, J.

This Application has been filed by the applicant seeking to condone the delay of 21 days in filing the petition against the impugned Arbitral Award dated 22.06.2022 passed by the Ld.Arbitral Tribunal. 2.As per the direction of this Court dated 25.01.2023, the applicant has effected service to the respondent through paper publication on 07.02.2023 in "VisalaAndhra Telugu National Daily", having circulation in Hyderabad, Vijayawada, Vishakapatnam, Tirupathi, Kurnool, Karimnagar and Khammam and Affidavit of Service also filed before this Court. 3.Learned counsel appearing for the applicant would submit that the delay has occurred in filing the Arbitration Original Petition since the petitioner has changed their counsel at that time and to brief the case to the new counsel and to prepare the necessary petition and affidavits the delay of 21 days has occurred and the same is neither wilful not wanton and prayed to allow the present application.

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KRISHNAN RAMASAMY, J.

rst 4.Notice was issued to the respondent and the name of the respondent is also printed in the causelists. However, when the matter is called, non-appeared on behalf of the respondent. This shows that the respondent is not interested to contest the present application.

5.Considering the submission made by the learned counsel appearing for the applicant and since this Court is satisfied with the reasons stated in the affidavit filed in support of this application, the delay is condoned and the application is ordered accordingly.

22.02.2023 rst A.No.5288 of 2022 in Arb.O.P(Com.Div).Dr.No.113668 of 2022 2/2 https://www.mhc.tn.gov.in/judis