SHIVA CONSTRUCTION Vs. HINDUSTAN PERTROLEUM CONRPORATION LTD

JUDGEMENT

(1.) IN this petition under Section 34 respondent has raised an issue that the petition was barred by limitation. The arguments have been heard only on this limited issue. The contention of the petitioner is that the petitioner was not informed about the passing of the award and no copy of the award as required under Section 31 (5) of the Arbitration and Conciliation Act 1996 was sent by the Arbitrator to the petitioner and till 28th April, 2008, the petitioner was unaware of the passing of the impugned award. The petitioner learnt about the passing of the award only in reply to its RTI application when the petitioner received a letter along with copy of the award dated 18th July, 2007 on 28th April, 2008. It is submitted by the petitioner that the petition has been filed within a period prescribed under Section 34 (3) counting it from 28th April, 2008 and is within limitation.

(2.) THE respondent has submitted that the award was passed by the Arbitrator on 18th July, 2007 and copy of award was sent to both the parties by the arbitrator. He submitted the documents of the petitioner itself show that the petitioner was very much aware of the award and plea of the petitioner that he learnt about the award only on 28th April, 2008 was false. The respondent pointed out to a letter dated 5th January, 2008 written by attorney of the petitioner which reads as under:

(3.) THE petitioner had made query about the award on 7th December, 2007 and in response to that query vide letter dated 28 th December, 2007, the petitioner was informed that copy of the award has been sent by mail to the general power of attorney, Sh. Brij Lal Bansal by the Arbitrator under covering letter dated 18th July, 2007. It is after this letter that the petitioner had written a letter dated 5th January, 2008 to the respondent, corporation. The respondent, corporation again replied to the petitioner that the learned Arbitrator had sent the award to the petitioner on 18th July, 2007, but under Right to information Act another copy of the award was being sent to the petitioner.