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2021 Supreme(Del) 1221

MANMOHAN, NAVIN CHAWLA
Ahluwalia Contracts (india) Ltd – Appellant
Versus
Ashok Khanna – Respondent


Advocates appeared:
Abdhesh Chaudhary, Advocate, M.K. Hingorani, Advocate, Pankaj Gupta, Advocate, Ajay Gupta, Advocate

JUDGMENT

Navin Chawla, J. - This is an appeal filed by the appellant challenging the Order dated 07.03.2020 passed by the learned District Judge (Commercial Court) 02, South-East District, Saket, Delhi, in OMP (COMM) 30 of 2018, titled M/s Ahluwalia Contracts (India) Ltd. of the appellant herein filed under Section 34(3) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act ) read with Section 5 of the Limitation Act, 1963, seeking condonation of delay in filing of the application under Section 34 of the Act in challenge to the Arbitral Award dated 02.08.2018 passed by the learned Sole Arbitrator.

2. The controversy, in brief, is the date on which the limitation to file the application under Section 34 of the Act commenced. This dispute is premised on the underlined submission of the appellant that the signed copy of the Arbitral Award was received by the appellant only on 07.09.2018, while it is the case of the respondent, which has also been accepted by the learned District Judge, that the signed copy of the Arbitral Award was supplied to the appellant by the Delhi International Arbitration Centre (hereinafter referred to as the DIAC ), under whose aegis

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