NIRMAL SINGH Vs. HORIZON CREST INDIA REAL ESTATE

JUDGEMENT

(1.) I.A. 5553/2020 (under Order 34(3) of the Arbitration and Conciliation Act, 1996 read with Section 151 CPC

(2.) It may be stated here that on June 30, 2020 when this petition was listed for hearing, Mr. Saurav Agrawal, learned counsel for the respondent Nos.1 to 6 took a preliminary objection with regard to the maintainability of the petition on the ground that the petition is barred by limitation. It is subsequent thereof that this application has been filed by the petitioner seeking condonation of delay.

(3.) It is the case of the petitioner and so contended by Mr. Sanjiv Anand, that the copy of the impugned award dated July 02, 2019 was received by the petitioner on July 11, 2019. Thereafter, the petitioner, on August 01, 2019 filed an application under section 33(1) of the Act of 1996 before the Arbitral Tribunal seeking correction of the award within the prescribed period of 30 days of receipt of the award. Pursuant thereto on November 20, 2019, the Arbitral Tribunal had heard the counsels for parties and closed the proceedings without passing a formal order deciding the petitioner's application.