RAMA INDUSTRIES LTD. Vs. G.M. FABRICATORS

JUDGEMENT

(1.) C.M. No. 28112 -CII of 2012Allowed as prayed for.F.A.O. No. 5989 of 2012.

(2.) IN this appeal, order dated 18.09.2012 passed by learned Additional District Judge, Patiala, is under challenge. By the said order learned lower court has dismissed the application filed by appellant under Section 14 of the Limitation Act, 1963 along with petition under Section 34 of the Arbitration and Conciliation Act, 1996 (in short, "the Act"). Dispute between appellant and respondent No. 1 was referred to respondents No. 2 and 3 and another person as arbitrators. Respondents No. 2 and 3 gave award dated 06.03.2008 (Annexure A -2). Appellant filed petition under Section 34 of the Act at Chandigarh on 26.03.2008 to challenge the said award. Learned Additional District Judge, Chandigarh vide order dated 10.11.2009 (Annexure A -4) held that Court at Chandigarh had no territorial jurisdiction to try the said petition and, therefore, ordered return of the said petition to the appellant for presentation before the court of competent jurisdiction at Patiala. Thereafter, the appellant filed fresh petition under Section 34 of the Act in court at Patiala to challenge the award of the arbitrators. Along with said petition, the appellant also filed application under Section 14 of the Limitation Act for excluding the period spent by the appellant in prosecuting its petition under Section 34 of the Act at Chandigarh. The said application was resisted by respondent No. 1. Learned Additional District Judge, Patiala vide impugned order dated 18.09.2012 has held that application of the appellant under section 14 of the Limitation Act does not help the petitioner/appellant and even after applying Section 14 of the Limitation Act to the case, petition under Section 34 of the Act is not within limitation. Accordingly, application under Section 14 of the Limitation Act has been dismissed along with petition under Section 34 of the Act. Feeling aggrieved, appellant has filed this appeal.

(3.) COUNSEL for the appellant contended that respondents No. 2 and 3 had initially forwarded the award to the appellant vide letter dated 13.03.2008 but it was not complete award and the complete award was sent vide letter dated 22.03.2008 Annexure P -1 received by the appellant on 24.03.2008 and immediately the appellant filed petition under Section 34 of the Act at Chandigarh on 26.03.2008 which was ordered to be returned vide order dated 10.11.2009. The appellant applied for certified copy of order dated 10.11.2009 on 20.11.2009 and certified copy was prepared on 27.11.2009 and was received by appellant on 28.11.2009. It is contended that the petition under Section 34 of the Act was filed on 23.02.2010 at Patiala and after excluding the period spent in prosecuting the petition at Chandigarh and the period spent in obtaining the certified copy of order dated 10.11.2009 (Annexure A -4), the petition filed at Patiala under Section 34 of the Act was within limitation period of three months. Concession of further period of 30 days under proviso to Section 34(3) of the Act was also sought.