RELIANCE CAPITAL LTD. AND OTHERS Vs. SUKANYA PRIYA

JUDGEMENT

(1.) Registry has placed a note raising the maintainability of Original Petition on the ground that the Original Petition has been filed beyond the stipulated period as prescribed under Section 34(3) of the Arbitration and Conciliation Act, 1996.

(2.) The case of the petitioner is that she obtained the certified copy of the award dated 13.06.2012 only on 26.11.2014 from the executing court in E.P.No 24 of 2014 which was filed by the first respondent before the learned Principal District Judge, Thiruvallur. After the receipt of the certified copy of the award on 26.11.2014, the instant Original Petition has been filed before this Court on 15.03.2016 challenging the award dated 13.06.2012 passed against the petitioner. There is a delay of 780 days in filing the application to set aside the award and the petitioner has also filed an affidavit and a petition before this Court seeking condonation of the said delay. The said condone delay petition was not numbered by the Registry.

(3.) According to the petitioner, even though he received the certified copy of the award on 26.11.2014 itself, she could not file an application challenging the award immediately due to her psychiatric illness and because of her legal disability. The petitioner submits that under Section 6 of the limitation Act,1963 on account of legal disability, the delay may be condoned by this Court.