JAY YUSHIN LTD Vs. SUDHIR GOEL

JUDGEMENT

(1.) PETITION under Section 34 of the Arbitration Act, 1996 is preferred with respect to the arbitral award dated 25th April, 2008. The petition is accompanied with an application (IA No. 10783/2008) for condonation of delay of 28 days in preferring the petition. The respondent has contested the application for condonation of delay.

(2.) THE petitioner seeks condonation of delay on the ground that the signed copy of the award was not sent by the arbitrator to the petitioner but was instead sent by the arbitrator by courier at the address of the counsel for the petitioner before the arbitrator; the same was received by the old and ailing mother of the counsel for the petitioner who did not even inform her son about the same; the petitioner thus remained under the impression that the award had not been published. It is further pleaded that the respondent sent a letter to the petitioner enclosing therewith a pay order in payment of the amount awarded by the arbitrator to the petitioner against the respondent; the said letter also was received by a peon in the Delhi office of the petitioner company who also did not inform his superiors of the same and the said letter was ultimately discovered on 19th August, 2008 whereafter inquiry was made and the petition challenging the award filed.

(3.) THE counsel for the respondent has contested the application for condonation of delay on the ground that the same is replete with false averments. From the copies of the records obtained from the office of the arbitrator it is shown that the arbitrator had sent the award not only to the counsel for the petitioner but also at the address of the petitioner and the postal records are also shown to disclose that both were duly received by the addressees. It is also disputed that the envelope sent at the address of the advocate for the petitioner was received by the mother of the said advocate.