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(2023) Law Today Live Doc. Id. 17972 = 2023(2) 405
Decided on: 11.05.2023
Present:
Mr. Vinod Khunger, Advocate for the appellant.
Mr. A. K, Garg, Advocate for Mr. Kushagra Mahajan, Advocate for the respondent.
Arbitration and Conciliation Act, 1996 (26 of 1996), Section 31(5), 34 -- Arbitration award – Limitation to file objections -- Ex-parte award on 13.6.2008, objections filed on 2.6.2009 – Objections dismissed as time barred – Limitation to file objections starts from the date of receipt of the award -- Impugned order passed without recording a finding that signed copy of the award was delivered to the appellant – Order set aside, matter remitted back to decide objections afresh.
(Para 2-7)
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AVNEESH JHINGAN, J. (ORAL) –
1. This appeal under Section 37 of the Arbitration and Conciliation Act, 1996 (for short, 'the Corporation') is filed aggrieved of dismissal of objections under Section 34 of the Act as time barred.
2. The brief facts are that the appellant was the employee of the respondent. The terms and conditions provided for dispute resolution through arbitration. The arbitration proceedings initiated at the instance of the respondent culminated in ex-parte award dated 13.6.2008. The respondent was held entitled to recover Rs.25,09,662/-. The objections filed by the appellant on 2.6.2009 were dismissed as time barred on 9.5.2013, hence the present appeal.
3. Learned counsel for the appellant submits that no signed copy of the award was supplied to the appellant. He further submits that the appellant gained knowledge of the ex-parte award on service of notice in execution proceedings.
4. Learned counsel for the respondent defends the impugned order and submits that award was sent by the arbitrator to the appellant.
Section 31(5) of the Act is reproduced below:
“31. Form and contents of arbitral award.-
xx xx xx
(5) After the arbitral award is made, a signed copy shall be delivered to each party.
5. As per Section 31(5) of the Act, the arbitrator is obliged to deliver the signed copy of the arbitral award to the parties. The limitation to file objections starts from the date of receipt of the award. The impugned order has been passed without recording a finding that signed copy of the award was delivered to the appellant. The District Judge proceeded on the basis that delay of more than thirty days cannot be condoned under Section 34(3) of the Act. The stand taken by the appellant that he gained knowledge of the ex-parte award during pendency of the execution proceedings and no copy of award was supplied was not contradicted.
6. Consequently, the order dismissing the objections as time barred is set aside.
7. The matter is remitted back to the court concerned to decide objections afresh.
8. The appeal is allowed.
9. Since the main appeal has been allowed, pending application, if any, is rendered infructuous.
Appeal allowed.
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