STATE OF MAHARASHTRA Vs. ARK BUILDERS PVT LTD

JUDGEMENT

(1.) Leave granted.

(2.) Whether the period of limitation for making an application under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter Rs. the Act) for setting aside an arbitral award is to be reckoned from the date a copy of the award is received by the objector by any means and from any source, or it would start running from the date a signed copy of the award is delivered to him by the arbitrator This is the short question that arises for consideration in this appeal.

(3.) The material facts of the case are brief and admitted by both sides. These may be stated thus. On March 20, 2003 the arbitrator gave a copy of the award, signed by him, to the claimant (the Respondent) in whose favour the award was made. No copy of the award was, however, given to the Appellant, the other party to the proceedings, apparently because the Appellant had failed to pay the costs of arbitration. The Respondent submitted a copy of the award in the office of the Executive Engineer (Appellant No. 4) on March 29, 2003, claiming payment in terms of the award. On April 16, 2003, the Executive Engineer submitted a proposal to challenge the award before the Chief Engineer, and the Financial Advisor and Joint Secretary. The Respondent sent a reminder to the Chief Engineer on June 13, 2003, for payment of the money awarded to him by the arbitrator and a second reminder to the Secretary and Special Commissioner on January 8, 2004. The Executive Engineer by his letter dated January 15, 2004, acknowledged all the three letters of the claimant and informed him that the government had decided to challenge the award before the appropriate forum.