10 December 2021 | Ashok Kumar Puri v. S Suncon Realtors (P) Ltd., 2021 SCC OnLine Del 5220 | CM (M) 610 of 2021 | Amit Bansal J | Delhi High Court | 2021 SCC OnLine Del 5220
A set-aside petition was filed beyond three months but within the 30 days discretionary period. The Commercial Court allowed the application for condonation of delay and imposed Rs. 5,000/- costs.
Even though the High Court felt there “may be some merit in the contentions” that the original filing itself was non-est because it lacked several important documents and formalities, it was not a case of exercise of jurisdiction under Article 227 of the Constitution. The court said that the order was not passed without inherent jurisdiction.
Read the decision here.
Categories: Application for Setting Aside Arbitral Award | Article 226 Constitution of India | Article 227 Constitution of India | Bhaven Construction | Certiorari | Condonation of Delay | Deep Industries | Extent of Judicial Intervention | Judicial Review | Limitation | Limitation for Setting Aside | Limitation Under Section 34 ACA | Mirajkar | Non Est Filing | Patent Lack of Inherent Jurisdiction | Power of High Courts to Issue Certain Writs | Power of Superintendence Over All Courts by the High Court | Section 34 ACA | Section 5 ACA | Self Contained Code | Writ Petition | Writ Petition in Arbitration Matters