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2021 Supreme(Del) 1532

VIBHU BAKHRU
Union Of India – Appellant
Versus
Aadhar Stumbh Township Pvt Ltd – Respondent


Advocates appeared:
Sushil Kumar Pandey, Advocate, Richa Pandey, Advocate

JUDGMENT

Vibhu Bakhru, J. - The petitioner has filed the present petition under Section 34 of the Arbitration and Conciliation Act, 1996 (hereafter the A&C Act) challenging an arbitral award dated 14.07.2020 (hereafter the impugned award) passed by the Arbitral Tribunal comprising of a Sole Arbitrator (hereafter the Arbitral Tribunal).

2. The petitioner states that after the impugned award was delivered, the parties filed an application under Section 33 of the A&C Act seeking certain corrections. The said application was disposed of by the Arbitral Tribunal on 27.08.2020 and therefore, the period of limitation under Section 34(3) of the A&C Act is required to be reckoned from that date.

3. The petitioner states that on 10.12.2020, the petitioner filed its petition under Section 34 before the District Court, which was OMP (COMM) 103/2020 captioned Union of India v. M/s Aadhar Stumbh Township Pvt. Ltd.. However, the said petition was disposed of as withdrawn as the learned District Judge found that the court did not have pecuniary jurisdiction to entertain the said petition.

Factual Background

4. The petitioner [CPWD, Ministry of Urban Development, Government of India] had issued a Notice

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