RAMDEOBABA CHARITABLE SOCIETY Vs. CHIEF OFFICER, NARKHED MUNICIPAL COUNCIL NARKHED, TQ NARKHED, DISTT NAGPUR

JUDGEMENT

(1.) Heard. Rule. Rule made returnable forthwith.

(2.) Heard finally by consent.

(3.) This petition involves a very short point which can be determined on the basis of the settled legal position. An application under Section 34 of the Arbitration and Conciliation Act, 1996 (in short, "Arbitration Act") challenging the award passed by the Arbitral Tribunal, which was a general body of Municipal Council of Narkhed passed on 12013 was filed on 10.6.2014. It was stated to be in compliance with the limitation prescribed under Section 34, subSection 3, which is of 90 days initially and a further period of 30 days, if granted by the Court, from the date on which the signed copy of the award is delivered or received by the party. When objection of bar of limitation was raised by the petitioner, it was rejected by learned Principal District Judge by condoning the delay by passing an order dated 22nd September, 2016 which is impugned herein. By the same order learned Principal District Judge remanded the dispute to the Arbitral Tribunal which was the general body of Municipal Council of Narkhed for a decision afresh.