HIMACHAL PRADESH ELECTRICITY BOARD LIMITED VIDYUT BHAWAN CHAURA MAIDAN Vs. SHYAM INDUS POWER SOLUTION PVT. LTD

JUDGEMENT

(1.) The instant appeal under Sec. 37 of the Arbitration and Conciliation Act, (hereinafter referred to as "the Act), has been filed by the appellant for setting aside the order passed by the learned Single Judge in OMP(M) No. 63 of 2019, whereby the application for condonation of delay in filing the application under Sec. 34 of the Act, against the award dtd. 16/1/2019 came to be dismissed.

(2.) An arbitration award to the extent of Rs.4,28,98,551.00 alongwith interest at the rate of 6% per annum came to be passed against the appellant and aggrieved thereby, the appellant preferred an application under Sec. 34 of the Act for setting aside the award. Alongwith the same, he also filed an application under Sec. 34(3) of the Act, seeking condonation of delay in filing the same on the ground that at no point of time had the arbitrator supplied the signed copy of the award till 1/8/2019, therefore there was no occasion for the appellant to have filed the objections.

(3.) Learned Single Judge, after perusing the record came to the conclusion that signed copy of the award was supplied by the Arbitrator to one Robin Kumar Bansal, Assistant Executive Engineer with the respondent-HPSEBL on 16/1/2019 and therefore the appellant could not feign ignorance regarding passing of the award.