NATIONAL HIGHWAY Vs. KNR CONSTRUCTION LIMITED

JUDGEMENT

(1.) The petitioner has filed the Petition under Sec. 34 Arbitration and Conciliation Act, 1996 (hereinafter referred to as "A&C Act, 1996") on 16/11/2018 against the impugned Arbitration Award dtd. 30/6/2018. It is stated that the copy of the Award was received by the petitioner on 19/8/2018. The delay of 16 days is sought to be condoned vide I.A. NO. 245/2019, and vide I.A. NO. 246/2019, a delay of 61 days in re-filing of the petitioner is sought to be condoned.

(2.) The respondent in its reply has asserted that the petitioner has wrongly claimed that the petition has been filed within the prescribed period of 120 days. In fact, the delay is beyond 120 days from the date of receiving the Award by the petitioner. Three set of copies of the original Award were prepared. One copy was given to NHAI, HQ Dwarka, another copy was sent to the Project Director, PIU, NHAI, Odisha and the third copy was sent to the respondent by speed-post.

(3.) The tracking report reveals that the Award was received in the HQ of the petitioner on 2/7/2018 at New Delhi while the Project Director, Odisha received the Award on 3/7/2018. The present petition has been filed on 16/11/2018 which is beyond 120 days from the date of receiving of the Award by the petitioner. The information about the delivery of the Awards and the tracking report has been obtained through an RTI which is annexed along with the reply.