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UTTAR HARYANA BIJLI VITRAN NIGAM LTD., P versus M/S HARYANA CONDUCTOR (P) LTD., KUNDLI A

High Court of Punjab and Haryana, Chandigarh

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Uttar Haryana Bijli Vitran Nigam Ltd., P v. M/s Haryana Conductor (P) Ltd., Kundli a - FAO-215-2003 [2006] RD-P&H 502 (2 February 2006)

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

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F.A.O. No.215 of 2003 (O&M)

Date of Decision:10.2.2006

Uttar Haryana Bijli Vitran Nigam Ltd., Panchkula Vs.

M/s Haryana Conductor (P) Ltd., Kundli and another CORAM:- HON'BLE MR. JUSTICE JASBIR SINGH
Present:- Shri Kamal Sehgal, Advocate for the applicant- appellant.

Shri Vivek Suri, Advocate for respondent No.1.

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C.M. No.797-CII of 2003

This application has been moved for condonation of delay of 76 days in filing the appeal. The application is accompanied by an affidavit.

In view of the reasons given in the application, it is allowed.

Delay of 76 days in filing the appeal stands condoned.

F.A.O. No.215 of 2003

This appeal has been filed against order passed by the Court below vide which objection petition of the appellant, to the arbitration award, was dismissed.

It is apparent from the records that the Court below has noticed a fact that the appellant has failed to indicate any misconduct on the part of the arbitrator and further that the award passed is not contrary to any rules and the public policy.

F.A.O. No.215 of 2003 (O&M) [2]

At the time of arguments, it has come to the notice of this Court that supply of the material was accepted, though late, by the appellant without any protest. Under these circumstances, the appellant was not justified in delaying the payment. No case is made out for interference as no substantial question of law has been raised.

Dismissed.

February 10, 2006 ( JASBIR SINGH )

renu JUDGE


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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