1998 (8) TMI 642

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....ment dated 5th February, 1993 for non-prosecution since none had appeared to prosecute the objections. While dismissing the objections for non-prosecution the learned Single Judge further observed that even otherwise glance on objections shows that the same were on merits of the award which could not be gone into by the Court in proceedings under Sections 30 and 33 of Indian Arbitration Act, 1940 ....

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....e been taken through the application (I.A.6302/93) and also I.A.6301/93 seeking restoration. Briefly the case set up by the appellant is that Prem Chand, Junior Engineer had contacted Mrs. Tewatia who had been conducting the case on behalf of the appellant, on 10th May, 1993 to find out about the status of the matter as the proceedings had not been received by the Department for the long time. Pre....

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....ation for condonation of delay was filed on 12th July, 1993. The officer who was stated to be on leave was one Mr. G.S. Likhari, Executive-Engineer of the concerned Division who has filed his affidavit alongwith the application for restoration and application for condonation of delay. In the application it has been averred that the delay was unintentional and occurred due to the aforesaid circumst....

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....oticed in brief above and considering that in such matters the courts generally adopt a liberal approach, we feel that the delay deserves to be condoned as the appellant has been able to show sufficient cause. The delay, in the; facts and circumstances of the case, is not such which may show negligence or total inaction on the part of the appellant. In the present case we need not go into the ques....