IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Delay Condonation App. No. 4959 of 2009 & Arbitration Application No. 4 of 2006 Tehri Hydro Development Corporation Ltd. ……… Petitioner Versus Chairman and Managing Director & others ……… Respondents Mr. U.K. Uniyal, Senior Advocate with Mr. Shobhit Saharia, Advocate for the petitioner. Mr. Alok Singh, Senior Advocate with Mr. Neeraj Garg, Advocate for the respondents. Hon’ble V.K. Gupta, C.J. By this common order, Delay Condonation Application No. 4959 of 2009 as well as Amended Arbitration Application No. 4 of 2006 are being disposed of together. On 20th November, 2008, at the oral request of the learned counsel for the petitioner, the petitioner was permitted to file an amended Petition within two weeks from the date of passing of that Order. Admittedly, this was not done during the aforesaid period. The present Delay Condonation Application has been filed on 19th June, 2009 i.e. more than 8 months after the passing of the aforesaid Order. I have carefully perused the Delay Condonation Application and find that neither the grounds mentioned are sufficient nor has the petitioner come out with any case warranting the condonation of delay of almost 7½ months in filing the amended Petition. This apart, the Application also clearly reveals that even while the present Petition filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 was pending in this Court, the petitioner, by over-reaching this Court, started process for amicable settlement of dispute between the parties. The petitioner did not even inform this Court not took this Court’s permission for doing so. As far as the Amended Petition is concerned, even though the petitioner has clearly mentioned that it is being filed in accordance with the Scheme notified for filing of the petitions vide Notification No. 70 dated 14th March, 2008, nowhere in the Petition has the petitioner revealed any fact with respect to the date when the cause of action accrued to the petitioner. On both the aforesaid grounds, both the Application are dismissed. (V.K.Gupta, C.J.) 23.06.2009 G