HPSEBL v. M/s Kreate Energy

Mr. J.S. Bhogal, Senior Advocate, with Mr. Satish Sharma, Advocate, for the respondent. By way of this application, a prayer has been made for condonation of delay in filing the objections under Section 34 of the Arbitration and Conciliation Act against the award in issue. Learned Senior Counsel applicant/petitioner submits that the delay in filing the application is bona fide as is evident from the averments made in the application and further as the delay is not intentional and it will be in the interest of justice, in case, the application is allowed and the objections are heard on merit, therefore, the application be allowed, as prayed for. The same is opposed by the non-applicant. Learned Senior Counsel appearing for the non-applicant submits that there is no cogent explanation given in the application as to why the objections have not been filed within the period of limitation, more so in the light of the fact that in terms of the award in issue, copy thereof was supplied to the petitioner on the date of the pronouncement of the award itself. Learned Senior Counsel further submits that not only this, a perusal of the averments made in the application that even after the decision was taken in the month of September to assail the award, filing thereof was again delayed by 20 days, which delay has not been satisfactorily. Having heard learned Senior Counsel for the parties and having perused the averments made in the application as well as in the reply, though, the Court is not satisfied with the explanation given therein, but in the interest of justice, this Court is of the considered view that the application be allowed so as to given opportunity to the applicant to assail the award on merit. Therefore, this application is allowed. Delay in filing the application is condoned and application is disposed of. CARBC No._______of 2025 Be registered. Issue notice. Mr. Satish Sharma, Advocate, accepts notice on behalf of the respondent. Reply, if any, within a period of four weeks. List on 02.04.2025. (Ajay Mohan Goel) Judge March 12, 2025 (Vinod)