INDIAN STATISTICAL INSTITUTE versus M/S ASSOCIATED BUILDERS AND ORS.

INDIAN STATISTICAL INSTITUTE versus M/S ASSOCIATED BUILDERS AND ORS.

There was no delay in preferring objections to the arbitration award; delay, if any, was in re-presentation after rectifying defects, not covered by section 5 of Limitation Act; delay caused by advocate's misconduct and circumstances beyond appellant's control constitutes sufficient cause.

Source-derived case information.

Parties
Appellant: Indian Statistical Institute; Respondent: M/s Associated Builders and Ors.
Jurisdiction
India
Judgment Date
02 December 1977
Procedural Posture
Civil Appeal / Appeal by Special Leave Against the Judgment and Order of Delhi High Court Dated 7 2 77 in Suit No. 574 a of 1976
Outcome
Appeal allowed
Legal Topics
Condonation of Delay, Arbitration Award Objection, Advocate Misconduct, Court Fees
Civil Procedure Arbitration Limitation Condonation of Delay Arbitration Award Objection Advocate Misconduct Court Fees

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Parties

Indian Statistical Institute

Appellant

M/s Associated Builders and Ors.

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave Against the Judgment and Order of Delhi High Court Dated 7 2 77 in Suit No. 574 a of 1976

Legal Issues

  1. 1 Whether delay in re-filing objections after rectification of defects is covered under section 5 of the Limitation Act, 1963
  2. 2 Whether delay due to circumstances beyond litigant's control can be condoned

Ratio Decidendi

There was no delay in preferring objections to the arbitration award; delay, if any, was in re-presentation after rectifying defects, not covered by section 5 of Limitation Act; delay caused by advocate's misconduct and circumstances beyond appellant's control constitutes sufficient cause.

Court Disposition

Appeal allowed

Orders

  • Delay in filing objections condoned
  • Respondents to pay costs of appellant in this Court