NHPC LTD. Vs. PATEL ENGINEERING LTD. AND ORS.

JUDGEMENT

(1.) This appeal is preferred against the order dated 6.3.2012 passed by Additional District Judge, Faridabad, whereby objections filed by the appellant under Section 34 of the Arbitration and Conciliation Act (Act for short) were dismissed.

(2.) The backdrop of the matter was that the parties entered into an agreement dated 21.11.2003 regarding construction work and the said agreement contained a clause regarding arbitration. Dispute had arisen between the parties and invoking the arbitration clause, the matter was referred to arbitration. The respondents nominated one Arbitrator while one was nominated by the appellant. Those two Arbitrators unanimously chose the third Arbitrator and award dated 26.8.2009 was passed.

(3.) After receiving copy of the award on the date on which it was passed, the appellant moved an application under Section 33 of the Act, within the period of 30 days as prescribed. The request in the application was to correct a computation error in the award but vide order dated 26.10.2009, the application was dismissed by the Arbitrators. The objection petition under Section 34 of the Act was filed on 2.12.2009. Counsel for the appellant referred to certain dates, to which reference was also made by counsel for the respondents. The award was passed on 26.8.2009, copy was received by the appellant on the same day, application under Section 33 of the Act was filed on 23.9.2009 which was dismissed on 26.10.2009. The order passed under Section 33 of the Act as also the award were both challenged by the appellant vide petition under Section 34 of the Act on 2.12.2009.