SHAYAM SUNDER Vs. KOTAK SECURITIES LTD.

JUDGEMENT

(1.) Exemption allowed, subject to all just exceptions.

(2.) In my opinion, once the objections are filed beyond limitation, then the Court cannot go into the merits of the matter and objections which are time barred have to be dismissed in view of the judgment of the Supreme Court in the case of Union of India v. M/s Popular Construction Company, (2001) 8 SCC 470.

(3.) In the present case, the admitted facts are that the arbitration Award dated 7.4.2010 was received by the appellant/objector on 4.5.2010 and the objections under Section 34 of the Act have been filed on 8.8.2013, i.e after more than three years. It is argued on behalf of the appellant that there is no delay in filing of the objections because the appellant had filed an application under Section 33 of the Act, and once an application under Section 33 of the Act remained pending, then for the period for which application under Section 33 of the Act remained pending, this period had to be extended for computing the period of limitation for filing objections being 90 days plus 30 days. Reliance is also placed upon the judgment passed by a Learned Single Judge of this Court in the same case between the parties on 14.8.2015 in FAO No. 76/2015 and in which judgment the Learned Single Judge of this Court held that the court below could have dismissed the subject objections filed by the appellant under Section 34 of the Act as the application under Section 33 of the Act was still pending when the objections of the appellant were dismissed. The relevant paras of the judgment dated 14.8.2015 reads as under:-