S.P.S. RANA Vs. MTNL

JUDGEMENT

(1.) This appeal under Section 37 of the Arbitration Act, 1996 along with an application being CM No.11790/2009 for condonation of delay of 33 days in preferring the appeal has been filed against the order dated 15th May, 2009 of the Single Judge dismissing the petition of the appellant under Section 34 of the Act with respect to the arbitration award dated 9th August, 2007 as barred by time. The learned Single Judge held that the award having been published on 9th August, 2007, the petition under Section 34 filed on 12th March, 2008 was not maintainable.

(2.) The counsel for the appellant has urged that the learned Single Judge did not consider that the appellant had on 7th December, 2007 preferred an application under Section 33 of the Act and rejection of which application was communicated to the appellant only on 31st December, 2007. It is contended that counted from 31st December, 2007, the 90 days prescribed under Section 34(3) of the Act for preferring the petition with respect to the award had not expired.

(3.) Undoubtedly, Section 34(3) provides that if a request has been made under Section 33, the time for filing the application under Section 34 for setting aside the award would commence from the date when such request had been disposed of by the Arbitral Tribunal. It is also correct that the learned Single Judge has in the order impugned in this appeal not dealt with the said aspect of the matter. However, even on consideration of the same, we are unable to hold the petition under Section 34 of the Act to have been preferred within time.