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 & 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 award in either case was made on January 31, 2007. Copies of the award were received by the petitioner in either case on February 17, 2007. Though earlier proceedings relating to either reference had been carried to this Court under section 9 of the 1996 Act (a fact which is not in dispute), the petitioner chose to file the petitions under section 34 of the 1996 Act before the district Court at Vaishali (Hazipur).