( 1 ) THIS execution petition involves an interesting point of law.

( 2 ) M/s. Vindhya Telelinks Ltd. filed an execution petition in relation to the award dated 25th September, 2001, seeking execution thereof in the manner of a decree.

( 3 ) UNDER the Arbitration Act, 1996 it is provided in Section 36, that an Award may be enforced as a decree only in either of the two eventualities referred to below:

(A) when time for making an application to set aside the arbitral award under Section 34 has expired, or

(B) when such application having been made, same has been refused.

( 4 ) IN the present case admittedly no application for setting aside the Award has been made upto the relevant time, and as such no question arises of the same having been refused.

( 5 ) AS such it has to be considered whether the statutorily prescribed time for making of such an application (Objections), has expired or not.

( 6 ) REFERENCE may be made to Section 34 (3) of the Arbitration Act, 1996, which reads as under:

"section 34 (3 ). An application for setting aside may not be made after three months have elapsed from the date on which the party making that application had received the Arbitral Award or, if a request had been made under Section 33, from the date on which that request had been disposed of by the Arbitral tribunal. "

( 7 ) AS a perusal of the above quoted provisions of Section 34 (3) will reveal, the time for filing of objections would expire upon either of the following stages:

"1. three months from the date of receipt of the arbitral award;

2. three months from the date of disposal of the application if any filed under Section 33 of the Act. "

( 8 ) SINCE a reference has come to Section 33 of the Act, it may be useful to set out the provisions thereof for the convenience of reference:

"33. Correction and interpretation of award: additional ward. (1) Within thirty days from the receipt of the arbitral award, unless another period of time has been agreed upon by the parties (a) a party, with notice to the other party, may request the Arbitral tribunal to correct any computation errors, any clerical or typographical errors or any other errors of a similar nature occurring in the award;

(B) if so agreed by the parties, a party, with notice to the other party, may request the Arbitral Tribunal to give an interpretation of a specific point or part of the award.

(2) If the Arbitral Tribunal considers the request made under Sub-section (1) to be justified, it shall make the correction or give the interpretation within thirty days from the receipt of the request and the interpretation shall form part of the arbitral award.

(3) The Arbitral Tribunal may correct any err or of the type referred to in Clause

(A) of Sub-section (1), on its own initiative, within thirty days from the date of the arbitral award.

(4) Unless otherwise agreed by the parties, a party with notice to the other party, may request, within thirty days from the receipt of the arbitral award, the Arbitral Tribunal to make an additional arbitral award as to claims presented in the arbitral proceedings but omitted from the arbitral award.

(5) If the Arbitral Tribunal considers the request made under Sub-section (4) to be justified, it shall make the additional arbitral award within sixty days from the receipt of such request.

(6) The Arbitral Tribunal may extend, if necessary, the period of time within which it shall make a correction, given an interpretation or make an additional arbitral award under Sub-section (2) or Sub-section (5 ).

(7) Section 31 shall apply to a correction or interpretation of the arbitral award or to an additional arbitral award made under this section. "

( 9 ) AS facts transpired in the present case, the Award dated 25th September, 2001 was received by the respondent on 27th October, 2001 viz. within thirty days thereof. The respondent claims to have filed an application under Section 33 of the act, seeking inter-alia interpretation of the Award, and praying