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2015 (5) TMI 1248 - DELHI HIGH COURTCondonation of delay in re-filing the petition under Section 34 of the Arbitration & Conciliation Act - failure to explain the undue delay in re-filing - HELD THAT:- This court had duly followed this principle while disposing of the application for condonation of delay in re-filing and has not dismissed the application for condonation of delay in re-filing on the ground that the delay was beyond the time specified in Section 34(3) of the Act. The application was dismissed on the ground that the petitioner had failed to explain the undue delay in re-filing. According to the proposition of law in DDA case [2013 (11) TMI 1527 - DELHI HIGH COURT], on which the applicant has relied, he is required to explain satisfactorily the reason for such delay and the court has clearly observed "A liberal approach in condoning the delay in re-filing an application under Section 34 of the Act is not called for". The petitioner was required to explain the delay satisfactorily but here in this case, although the delay was of 84 days in re- filing, the petitioner had claimed and explained the delay of only 24 days. No explanation, what to say "satisfactory explanation" has come from the petitioner of balance days of 60 days. No explanation for condonation of delay of these 60 days in re-filing has been given by petitioner either in his application CM No. 18445/2013 or during arguments or in written submissions. No ground for review of the order has been made out - Application dismissed.
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