JAVED MOHAMMAD Vs. KOTAK MAHINDRA BANK LTD.

JUDGEMENT

(1.) This appeal is directed against the order dtd. 19/3/2019 of the Commercial Court, Jaipur dismissing the petition under Sec. 34 of the Arbitration and Conciliation Act, 1996 (hereafter 'the Act') on the ground of limitation.

(2.) The appellants got financed a truck from the respondent No.1. On failure to maintain financial discipline the arbitration proceedings initiated culminated in award dtd. 7/12/2009. The petition under Sec. 34 of the Act filed was dismissed having filed beyond one hundred and twenty days of receipt of award.

(3.) Learned counsel for the respondents refutes the contention submitting that the award was sent through the registered post on 11/12/2009 and was delivered on 16/12/2009. That the acknowledgment receipt was placed on record.