DANIEL FUEHRE Vs. DIRECT INFORMATION PVT LTD

JUDGEMENT

(1.) THIS objection petition has been preferred under Section 34 of the Arbitration and Conciliation Act, 1996 against an award dated 20th May, 2006. The dispute between the petitioner and the respondent was in respect of a domain name "www. hotel. in" and a website "http://portal. in. direct/com". The dispute was referred to the arbitration and the learned Arbitrator gave its award on 20th may, 2006. The petitioner filed this objection petition under Section 34 initially on 19th December, 2006, there were some objections raised by the registry on the petition. The objections were rectified and finally the rectified petition was filed on 23rd January The respondent after receiving notice of the petition took preliminary objection that this objection petition was barred by limitation as the petitioner had not filed objections within 90 days as provided under Section 34 (3) of the Arbitration and Conciliation Act, 1996.

(2.) LEARNED Counsel for the petitioner contended that the petitioner received award on 19th October, 2006 and these objections were filed on 19th December, 2006 and thus were within time. The respondent on the other hand stated that the award was received by the petitioner on 27th June, 2006 and not on 19th october, 2006 as alleged thus, the objection petition was barred by limitation. The respondent has relied on the e-mail sent by the learned Arbitrator Mr. Uttam prakash Agarwal to the Counsel for the petitioner on 27th June, 2006 which shows that the copy of the decision of the Arbitrator was sent by the Arbitrator to the Counsel for the petitioner on 27th June, 2006.

(3.) THE e-mail dated 27th June 2006 was sent by the learned Arbitrator in response to an e-mail of the petitioners counsel of the same date wherein petitioners counsel told the Arbitrator that through this e-mail a formal request was being made for sending the copy of the decision since the petitioners office had not received a copy of the decision. The formal request was sent in PDF format. The learned Arbitrator on 27th June, 2006 at 5. 28 p. m. sent the copy of his decision as an attachment to his e-mail in PDF format to the petitioners counsel. In view of this document filed by the respondent, the petitioner filed an unattested affidavit along with a copy of e-mail of his counsel. The copy of e-mail of his counsel shows that this e-mail was sent by the counsel to the petitioner on 19th October, 2006. The Counsel on 19th October, 2006 forwarded the decision of the Arbitrator in PDF format to the petitioner.