AHLUWALIA CONTRACTS (INDIA) LTD. Vs. ASHOK KHANNA

JUDGEMENT

(1.) This is an appeal filed by the appellant challenging the Order dated 07.03.2020 passed by the learned District Judge (Commercial Court) 02, South-East District, Saket, Delhi, in OMP (COMM) 30 of 2018, titled M/s Ahluwalia Contracts (India) Ltd. of the appellant herein filed under Section 34(3) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act ) read with Section 5 of the Limitation Act, 1963, seeking condonation of delay in filing of the application under Section 34 of the Act in challenge to the Arbitral Award dated 02.08.2018 passed by the learned Sole Arbitrator.

(2.) The controversy, in brief, is the date on which the limitation to file the application under Section 34 of the Act commenced. This dispute is premised on the underlined submission of the appellant that the signed copy of the Arbitral Award was received by the appellant only on 07.09.2018, while it is the case of the respondent, which has also been accepted by the learned District Judge, that the signed copy of the Arbitral Award was supplied to the appellant by the Delhi International Arbitration Centre (hereinafter referred to as the DIAC ), under whose aegis the arbitration proceedings had been conducted, on 02.08.2018 itself, that is, the date of the Arbitral Award.

(3.) As the issue involved is only of period of limitation for filing of the application under Section 34 of the Act, both the parties have rightly not made any submissions on the merit of the Arbitral Award nor shall we be discussing the same in this present appeal.