Section 34 refiling delay requires credible sufficient cause; careless and unsupported explanations will not justify condonation.

A delay in refiling objections under Section 34 of the Arbitration and Conciliation Act, 1996 may be condoned only on a specific and credible showing of sufficient cause. Where the refiling delay substantially defeats the statutory time scheme, the Court applies stricter scrutiny and will not adopt an unrestricted liberal approach. On the facts described, the explanation that papers were misplaced and later found was unsupported by particulars or affidavits from the persons said to be responsible, and the delay was treated as careless and negligent rather than diligent; condonation was refused.

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Issues: Whether the delay in refiling the objections under Section 34 of the Arbitration and Conciliation Act, 1996 could be condoned, and whether the explanation offered disclosed sufficient cause warranting a liberal approach.

Analysis: The objections had been originally filed within limitation, but were refiled after a substantial delay. The explanation given was that the papers were misplaced after being taken from the registry under defects and were later found accidentally. The Court held that, in the context of objections under Section 34, refiling delay cannot be treated with unrestricted leniency where the delay substantially crosses the statutory outer limit. The explanation lacked supporting particulars and supporting affidavits from the persons said to be responsible for the lapse. The Court also noted the High Court Rules and Orders, which required prompt refiling, and found that the appellant had acted carelessly and negligently rather than with due diligence.

Conclusion: The delay in refiling was not shown to be sufficiently explained, and condonation was rightly refused.

Ratio Decidendi: In proceedings under Section 34 of the Arbitration and Conciliation Act, 1996, a delay in refiling objections may be condoned only on a specific and credible showing of sufficient cause, and the Court must apply stricter scrutiny where the delay substantially defeats the statutory time scheme.

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