Vikramajit Sen, J.

1. This Appeal assails the Order of the Learned Single Judge passed on August 28, 2009 holding that the signed copy of the Award had been delivered to the Petitioner on 13th May, 2009, as required by Section 31(5) and Section 34(3) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the "A & C Act"). It had further been held that inasmuch as the Petition under Section 34 of the "A & C Act" had been filed on 3.2.2005, it was barred by time and hence liable to be dismissed. It is not in the pail of controversy that the Award had been made available to the counsel for the Appellant, and had not been directly served on the Appellant.

2. A detailed discussion is not called for since the matter is covered on all fours by a Judgment of a Division Bench of this Court titled National Projects Constructions Corporation Limited v. Bundela Bandhu Constructions Co. AIR 2007 Delhi 202 : 139 (2007) DLT 676. No further controversy remains in view of the pronouncement in Union of India v. Tecco Trechy Engineers and Contractors (2005) 4 SCC 239, which has been duly considered and applied in Bundela Bandhu. Both these cases have been cited by the Appella