SACHIN DILIPKUMAR NAHAR Vs. SHANTILAL NEMICHAND NAHAR

JUDGEMENT

(1.) Heard Mr.Desai, learned Counsel for the appellants, Mr.Jain, learned Counsel for respondent Nos.1 to 5 and Mr.Kale, learned Counsel for respondent Nos. 6 to 13, 35, 37, 38, 43 to 46 and 49.

(2.) A short issue which arises for consideration in this appeal filed under Section 37 of the Arbitration and Conciliation Act, 1996 (for short, "the Act") is as to whether the learned Principal District Judge, Kolhapur is correct in rejecting the delay condonation application filed by the appellants in filing an application under Section 34 of the Act.

(3.) The award in question was made by the arbitral tribunal on 27 August 2010. The appellants contended before the learned Principal District Judge that a signed copy of the award as per the provisions of Section 31(5) of the Act was not delivered to the appellants. It is only when the execution proceedings came to be filed and were served on the appellants, the appellants received knowledge of the award and thereafter preferred to move an application under Section 34 of the Act challenging the said award. As there was delay, a delay condonation application came to be filed which is decided by the impugned order.