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IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOS.______/2024 [@ Special Leave Petition (Civil) Nos.32121-32122/2012]
GODAWARI MARATHWADA IRRIGATION DEVELOPMENT CORPORATON Appellant(s)
VERSUS
M/S.NAMDHARI ENGINEERING CONSTRUCTIONS COMPANY AND ANR. Respondent(s)
O R D E R
1. Leave granted.
2. The facts of the case are very peculiar. An award was
made by the Arbitral Tribunal which was amended on 16th
May, 2005. The appellant received the intimation thereof
on 26th May, 2005. An application under Section 34 of the
Arbitration and Conciliation Act, 1996 (for short, ‘the
Act’) was filed on 4th August, 2005 in the Court of
Additional District Judge at Majalgaon. The petition was
returned by order dated 18th December, 2006 for presenting
it to the proper court having jurisdiction. According to
the case pleaded before the District Court and the High
Court, the returned petition was handed over to the
appellant on 18th January, 2007. Thereafter, the petition
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which was returned was refiled in the Court of the learned
Principal District Judge, Beed on 7th March, 2007. The
High Court and the District Court held that the petition
under Section 34 was filed after 120 days from the date of
the amended award. Therefore, the delay cannot be
condoned.
3. In the application for condonation of delay made
before the Court of the Principal District J...