MAHANAGAR TELECOME NIGAM LTD. Vs. M/S UNIBROS

JUDGEMENT

(1.) By this order I propose to decide the review application filed by the respondent No.1 under Article 215 of the Constitution of India read with Section 151 and Order 41 Rule 47 of the CPC for review of the judgment dated 4th July, 2011.

(2.) The main argument of the respondent No.1 is that while passing the earlier order dated 5th May, 2003, the Court issued a direction that the objections filed by the petitioner under Sections 30 & 33 of the Arbitration Act, 1940 (hereinafter referred to as "old Act") would be treated as an application under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as "new Act"). However, by the said order time was never extended as far as period of limitation in filing the objection under Section 34 of the new Act is concerned. Mr. Chetan Sharma, learned Senior counsel appearing on behalf of respondents has also referred another order passed by the same Court on 5th May, 2003 in execution proceeding pending at that time whereby the petitioner was directed to file an affidavit to show when the petitioner had received a copy of the award in terms of Section 34 of the new Act. His submission is that the period of limitation for entertaining the application under Section 34 of the new Act had been prescribed as three months from the date on which a party had received the copy of the award for filing the application and in view of passing of the order dated 5th May, 2003 directing the petitioner to file the affidavit, it was clear understanding that the period of limitation for filing the application under Section 34 of the new Act was different from the period of limitation prescribed for filing the objections under Sections 30 and 33 of the old Act. Mr.Sharma had referred the decision of the Apex Court in the case of Pundlik Jalam vs. Executive Engineer, Jalgaon Medium Project, 2008 13 Scale 773.

(3.) The respondent No.1 has referred the following decisions in support of submissions that the review is maintainable in the matter.