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2025 DAILYLAW 17183 (HP)

PRINCIPAL SECRETARY (NES AND POWER) AND ANOTHER v. WATER MILLERS POWER COMPANY PVT LTD

CARAP(M)/10/2025 · 2025-09-18

Sandeep Sharma

body2025

Judgment text

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Principal Secretary (NES and Power) and Anr. v. Water Millers Power Company Private Ltd. CARAP(M) No. 10 of 2025 18.9.2025 Present: Mr. Rahul Mahajan, Advocate, for the petitioners. Mr. Sunil Mohan Goel, Senior Advocate with Mr. Paras Dhaulta, Advocate, for the respondent. CARAP(M) No. 10 of 2025 By way of instant application filed under Section 34 (3) of the Arbitration and Conciliation Act, prayer has been made by the applicants/petitioners for condonation of delay in filing the accompanying objections. By way of filing reply, prayer made by the applicants for condonation of delay has been seriously refuted by the non-applicants on the ground that no plausible explanation has been rendered on record qua delay in filing the objections. Applicants besides filing rejoinder to the reply filed by the non-applicants have also filed affidavit in continuation of the application filed under Section 34 (3) of the Act for condonation of delay. Having perused averments contained in the application, which is duly supported by an affidavit, this Court is convinced and satisfied that delay in maintaining the accompanying objections is neither intentional nor willful, rather same has occurred on account of circumstances, which were completely beyond the control of the applicants and as such, same deserves to be condoned. Accordingly, for the reasons stated in the application, delay of 117 days in filing the accompanying objections, which in my considered view, has sufficiently been explained, is condoned. The application stands disposed of. CARBC No. of 2025 Be registered. Reply be filed within three weeks. List on 26.11.2025. In the meantime, record of learned Arbitrator, if not already received, be called for. CARAP No. of 2025 (OMP No. 275 of 2025) Operation of impugned award dated 29.2.2024, passed by the learned Arbitrator in Arbitration case titled M/s Water Millers Power Company Private Ltd. vs. Himurja and Anr. shall remain stayed subject to applicants’ depositing 75% of the award amount within a period of six weeks. Application stands disposed of. September 18, 2025 (Sandeep Sharma), manjit Judge