FEDERAL BRANDS LTD (PREVIOUSLY MICROTEX INDIA LIMI Vs. ZINKA LOGISTICS SOLUTIONS PRIVATE LIMITED & ANR

JUDGEMENT

(1.) The Petitioner has filed the present petition under section 34 of the Arbitration and Conciliation Act, 1997 (hereinafter referred to as the "Act") impugning the Arbitral award dated 20.05.2016.

(2.) Respondent No.1 has raised preliminary objection that the petition, under section 34 of the Act, having been filed on 17.11.2016, is ex-facie barred by limitation.

(3.) It is contended by Respondent No. 1 that the award was passed on 20.05.2016 and assuming the petitioner was not aware of the passing of the award, it became aware of it on 09.06.2016, when it was communicating with the domain service provider of respondent No. 2. It is contended that the petitioner having registered its domain through NIXI, had agreed to follow the rules and procedures laid down by NIXI in connection therewith inter alia the policies set down for the raising and resolving disputes relating to .IN domain names. As per rule 2 of the INDRP Rules of Procedure, sending of the a copy of the complaint in electronic form to the postal address, facsimile and email address shown in the domain name's registration data discharges the responsibility of the Registry. It is contended that as per its knowledge all mode were employed for serving the signed copy of the award on the petitioner. It is further contended that the Arbitrator by email dated 02.05.2016 had stated that copy of the complaint and annexures had been served on the petitioner by respondent No. 2. It is contended that details of the award were communicated by the respondent No. 2 to the petitioner by email dated 26.05.2016.