UNION OF INDIA Vs. BRIJ MOHAN

JUDGEMENT

(1.) This order of mine shall dispose of two appeals bearing FAO No. 10209 of 2014 titled as "Union of India and another v. Brij Mohan and others"; and FAO No. 8681 of 2014 titled as "Union of India and another v. Gurnam Singh and other", filed at the instance of the Union of India, whereby the objections filed under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter called 'the 1996 Act') for setting aside of the Award have been dismissed for want of limitation.

(2.) Mr. R.S. Madan, learned counsel appearing on behalf of the appellant(s)-Union of India, submits that the limitation period would commence from the date of the receipt of the copy of the Award which was received on 25.08.2011 and therefore, objections filed were filed within the period of limitation. The Objecting Court has committed illegality and perversity in dismissing the objections being barred by law of limitation.

(3.) I have heard the learned counsel for the appellant(s)-Union of India and appraised the paper book and of the view that the objections have been filed beyond 120 days i.e. 90 days + 30 days (grace period), as the objections were not accompanied by the application seeking condonation of delay, much less, any affidavit. In view of the aforementioned facts, no occasion arose to condone the delay, in the absence of any explanation as to acquisition of knowledge with regard to the passing of Award dated 25.07.2011 on 25.08.2011 and the parties to the lis participated in arbitration proceedings.