Delay condonation petition filed after 28 days delay

Before allowing application for condonation of delay the Arbitrator / Court has to hear both parties. If no notice has been served upon you, move to High Court.

You may research and find citation on the subject.

Court has discretion to condone delay u/ sec 34(3) A.C.Act 1996 Awardpassed by Arbitrator  can be challenged u/sec 34 of A.C.Act within 90 days from the receipt of copy of Award and after that court has power to grant 30 days more .Better raise an objection in this regard  before executing court.

It's a discretion of court to condone delay but it is mandatory that the respondent has to be heard before disposing the petition seeking to condone delay. 

You can file objections against condonation of delay in same court. 

In the given facts, it is the best option to meet the issue on merits than agitating over the issue of discretion.

Originally posted by : Kartikeswar Sahu
	A Corporate Body filed an appeal petition u/s 34 of the Arbitration & Conciliation Act,1996 after 3 months and 28 days from the date of receipt of the Arbitral Award with an I.A. to condone delay on the ground that it took time to collect papers from the Ld. Arbitrator since the Chief Executive was indisposed and the assigned officer was otherwise busy, hence the delay of 28 days beyond 3 months will be condoned. Without issuing notice to the opposite party, the Court allowed delay under its discretion of 30 more days u/s 34(3) of the Act supra. 1. Can the order of the Commercial Court allowing delay of 28 days be challenged in High Court? if yes, the relevant case laws be cited. 2, Notice to the O.P. to file objection by the Court is lawful or the discretion of the Court?

Redraft facts to understand it. Entire para contain many facets, which make it confusing.