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2021 Supreme(SC) 122

INDU MALHOTRA, AJAY RASTOGI
DAKSHIN HARYANA BIJLI VITRAN NIGAM LIMITED – Appellant
Versus
NAVIGANT TECHNOLOGIES PRIVATE LIMITED – Respondent


Advocates appeared:
For the Petitioner(s):Hemant Gupta, Addl. A.G., Navin Gupta, Payal Gupta, Sunakshi Gupta, Alok Sharma, Tushar Sharma, Sanjay Kumar Visen, Advocates
For the Respondent(s):Joby P. Varghese, Advocate

JUDGMENT :

INDU MALHOTRA, J.

Leave granted.

1. The present Civil Appeal arises from a Petition filed under Section 34 of the Arbitration and Conciliation Act, 1996 by the Appellant-Bijli Vitrain Nigam to challenge the arbitral award dated 27.04.2018 passed by a three-member tribunal (2:1) in favour of the respondent company.

2. The issue which has arisen for our consideration is as to whether the period of limitation for filing the Petition under Section 34 would commence from the date on which the draft award dated 27.04.2018 was circulated to the parties, or the date on which the signed copy of the award was provided.

(i) The background facts emanate from a Service Level Agreement dated 02.05.2011 executed by the appellant-corporation in favour of the Respondent-company providing call centre services.

Clause 13 of the Agreement provided for resolution of disputes through arbitration by a three-member tribunal, under the Arbitration and Conciliation Act, 1996.

Clause 13 reads as :

    "13. Arbitration

    All matter question, disputes, differences and/or claims arising out of and/or concerning and/or in connection and/or in consequences or relating to the Contract whether or not obligations of eit

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