BHARAT RASAYAN FINANCE LTD. Vs. RAVI CHAND SINDHU

JUDGEMENT

(1.) The present appeal is filed against the judgment of the Court below dismissing the objections of the appellant under Section 34 of the Arbitration & Conciliation Act, 1996 (hereinafter referred to as 'the Act') as being barred by time. Objection petition under Section 34 has been found to be barred by time on the ground that the Award is dated 17.8.2009 and the objections under Section 34 have been filed on 27.11.2009 i.e after the three months period of passing of the Award.

(2.) The Court below has clearly erred because as per Section 34(3) of the Act period of three months starts from receipt of the Award and not from the date of the Award. The impugned order does not even discuss the date of receipt of the Award by the appellant/petitioner. I may note that the appellant/petitioner has stated at page 4 of this appeal that the Award was received by the appellant from the National Stock Exchange with covering letter dated 24.8.2009. If this be so then the objections would have been within a limitation period of 90 days. In any case, even if the objections were filed after 90 days, Section 34 of the Act states that there can be condonation of delay for a period0 days more i.e objections can be filed in a total period of four months.

(3.) In the present case, since there is no finding of the Court below that the Award was received by the petitioner on a particular date, the impugned order dismissing the objections as barred by time is clearly misconceived.