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Refiling of Section 34 petition after removal of defects is Fresh Institution

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Judgment 30.10.2025 dated of the High Court of Delhi in FAO (OS) (COMM) 107/2025 of Union of India  Vs.  M/s GR Gawar (J.V.) with connected matters

Condonation of delay in valid of section 34 petition

Initial filing of Section 34 petition with defects is not valid filing

Non-est filing of section 34 petition & Delay

Refiling of Section 34 petition after removal of defects is Fresh Institution

Delhi HC on Section 34 Petition Filing Defects – Non-Est and Invalid filing for Condonation of Delay

From Filing to Failure – How Defective Section 34 Petition Collapsed under the law

Defects in Filing, Delay and Dismissal of Section 34 petition : A Wake-up Call for Arbitration Practitioners

 

Arbitral Award was passed on 3.1.2024 and it was modified on 2.3.2024.  Section 34 petition was filed on 20.6.2024.   However, it was in-complete.  The final re-filing of the petitioner was made on 20.1.2025 and it was beyond 120 days.  IA for condonation of delay was dismissed on the ground that on the initial filing could not be treated as a valid filing.

HELD that initial filing of section 34 petition was at best, a half-hearted and belated attempt of the appellant to pre-empt the passage of time, rather than a bona fide invocation of section 34 of the AA.  The reasons given for condonation of delay in re-filing are by themselves, non-est.

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