Union of Indnia Vs. C E M E N T O N E - Court Judgment

Excerpt:
the court : this is consideration of the application for the purpose of its admission. the question is whether it was filed beyond 120 days. the award was made and published on 27th september, 2006. according to the learned counsel for the respondent, learned arbitrator had authorised its advocate to serve copy of the award on the petitioner. such award was so served on the petitioner on 10th october, 2006. however, it is on record that the arbitrator sent a signed copy of the award to the petitioner, which was received by them on 13th november,2006. it is contended by mr. ghosh that service was complete in 10th october, 2006. hence, this application is barred by limitation, being beyond 120 days of such date. i am unable to accept this contention. the arbitration and conciliation act, 1996 enjoins the arbitrator to send a signed copy of the award and time runs from the date of receipt of such award to make an application to set aside the award. this application was filed on 6th march, 2007, beyond 90 days but within 120 days of such receipt of the award. accordingly, i admit this application by condoning the delay, as in my opinion, sufficient cause has been shown for not preferring this application within 90 days. this application will be heard out on merits on 25th november, 2010, by consent of the parties. all parties concerned are to act on a signed photo copy of this order on the usual undertakings.

Judgment:
The Court : This is consideration of the application for the purpose of its admission. The question is whether it was filed beyond 120 days. The award was made and published on 27th September, 2006. According to the learned counsel for the respondent,

learned Arbitrator had authorised its advocate to serve copy of the award on the petitioner. Such award was so served on the petitioner on 10th October, 2006. However, it is on record that the Arbitrator sent a signed copy of the award to the petitioner, which was received by them on 13th November,2006. It is contended by Mr. Ghosh that service was complete in 10th October, 2006. Hence, this application is barred by limitation, being beyond 120 days of such date. I am unable to accept this contention.

The Arbitration and Conciliation Act, 1996 enjoins the Arbitrator to send a signed copy of the award and time runs from the date of receipt of such award to make an application to set aside the award. This application was filed on 6th March, 2007, beyond 90 days but within 120 days of such receipt of the award.

Accordingly, I admit this application by condoning the delay, as in my opinion, sufficient cause has been shown for not preferring this application within 90 days. This application will be heard out on merits on 25th November, 2010, by consent of the parties.

All parties concerned are to act on a signed photo copy of this order on the usual undertakings.