The issue of a delay in re-filing an application under section 34 of the Arbitration and Conciliation Act, 1996, for setting aside an award arose recently in the case of Delhi Development Authority v M/s Durga Construction Co. The questions before Delhi High Court were whether a court has the jurisdiction to condone delay in re-filing of an application under section 34 where the aggregate period of delay exceeds the limitation specified under section 34(3) and, if so, whether the delay in re-filing ought to be condoned.
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