SHYAM ENTERPRISES Vs. IVA PHARMACEUTICAL PVT. LTD.

JUDGEMENT

(1.) THIS appeal has been filed against the order dated 9.10.2007 passed by the Subordinate Judge -I, Ranchi in Misc. Case No. 9/2007 whereby the application filed by the appellant -M/s Shyam Enterprises against the award passed against it for a sum of Rs. 2,44,803/ - was dismissed by the Sub -Judge -1 on the ground at limitation as the Misc. Case which was dismissed under Section 34 of the Arbitration and Conciliation Act, 1996 was time barred by twenty months from the date of the award although under sub -section (3) of Section 34 of the Act, 1996 the limitation to file an application for setting aside an award is only three months.

(2.) THE learned Sub -Judge was pleased to hold that the, appellant had failed to state the reason indicating that the delay in filing the application was bona fide and in fact it amounted to laches and delay on its part.

(3.) THE first question which arises for consideration by this Court is whether the appeal should be considered on merit when the court below was pleased to dismiss the application of the appellant not on merit but merely on the ground of limitation. To avert this part of the objection, the counsel for the appellant relied upon an authority reported in (2006)13 SCC 622.