UNION OF INDIA Vs. RAHEE INDUSTRIES LTD

JUDGEMENT

(1.) THE issue involved and the relevant facts are almost identical and the two matters have been taken up together.

(2.) THE question that arises in both matters is as to whether the petition under section 34 of the Arbitration and Conciliation Act, 1996 in either case has been filed within the time permitted by the statute. Section 34 permits an award to be challenged within a period of three months from the date of receipt thereof or, upon furnishing sufficient explanation, within an extended period of thirty days thereafter. THE 1996 Act, it is not in dispute, is a special Act and section 34 confers a right to a party to a reference subject to the condition as to the time imposed therein.

(3.) THE respondent says that from the service copies of the petitions forwarded to it, it appears that the notice of motion in either case was taken out on March 12, 2010 in connection with the petitions under section 34 of the 1996 Act. THE petitioner, however, submits that the notices of motion were taken out another 24 days later and not on March 12, 2010.