Delhi HC – Repeated Defective “Re-filings” on 14 times Do not Extemd Limitation of Section 34
The Arbitral Award was passed on 28.1.2019. Section 34 petition was filed on 28.5.2019. During the period of 31.5.2019 to 5.9.2019, on each occasions the defects were notified and the petition was re-filed as per the particulars given in para 12 of the judgment.
On 5.9.2019, the petition was re-filed for the 15th time without any defects and was registered.
Thus, it is evident that the same petition, with exactly the same number of pages and same defects, was filed on nine occasions over a period of three months by the petitioner, merely to create pretence of re-filing, within the period of seven days, from the date of the objections raised by the Registry.
considering the fact that the petition was re-filed by the petitioner time and again, without removing any defects. The plea raised by the petitioner in this regard is completely frivolous, and is untenable. 25. Pertinently, despite the defects being first notified on 31st May, 2019, the petitioner made no attempts to remove even the most basic defects such as correcting the case category, till 5th September, 2019, which evidently had nothing to do with bulky documents.
The reasons and explanation given by the petitioner for delay in filing and re-filing, in that the record was voluminous or that the petitioner was waiting for passing of the award in another part of the petitioner’s claim, are far from satisfactory and woefully inadequate.
Judgment dated 7.4.2026 of the High Court of Delhi in O.M.P. (COMM) 367/2019 of MS Stalagmite Infracon Pvt Ltd Vs. MS Ashray Homes Build Well Pvt Ltd
