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Issues involved: Delay in filing application for setting aside the award, condonation of delay, compliance with mandatory provisions.
Summary: Issue 1: Delay in filing application for setting aside the award The appeal was against the order of the High Court dismissing the Civil Revision Petition due to an inordinate delay of 3320 days in filing the appeal. The High Court suggested that if the application to set aside the award is dismissed, the appellant can file an appeal under Section 39 of the Arbitration Act, 1940. The delay was not satisfactorily explained, and the High Court did not go into the merits of the delay petition. Issue 2: Condonation of delay The Principal Sub Judge, Thiruvananthapuram, had condoned the delay of 3320 days in filing the petition to set aside the award filed by the State of Kerala against the appellant. The Sub Judge observed that the State officers' gross negligence caused the delay and the State should not be penalized. However, the Supreme Court found this reasoning unsatisfactory and emphasized that delay cannot be condoned without a proper reason. The Court set aside the orders of the Sub Judge and the High Court, allowing the appeal. In conclusion, the Supreme Court set aside the orders of the Sub Judge and the High Court, emphasizing the importance of complying with mandatory provisions and providing satisfactory reasons for condoning delays.
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