NHPC LIMITED Vs. PATEL ENGINEERING LIMITED

JUDGEMENT

(1.) Leave granted.

(2.) The grievance of the appellant is that the order of the High Court dated 22 Aug. 2016 was passed even though the period of limitation for challenging the award under Sec. 34 was still to expire. The award of the arbitral tribunal was made on 22 April 2016. Applications under Sec. 33 were disposed of on 04 June 2016. Hence according to the appellant, the period of limitation for filing the petition under Sec. 34 of the Act would have expired on 03 Sept. 2016.

(3.) It has been urged on behalf of the appellant that the application under Sec. 9, which was filed on 13 June, 2016 within the period of limitation prescribed for challenging the award ought not to have been entertained and, in any event, such an order could not have been passed by the High Court within the parameters of Sec. 9 of the Act.