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2021 Supreme(Del) 2204

SANJEEV NARULA
Road Construction Department, Bihar – Appellant
Versus
Bla-S &p (JV) – Respondent


Advocates appeared:
Keshav Mohan, Advocate, Ritu Arora, Advocate, Rishi K Awasthi, Advocate

JUDGMENT

Sanjeev Narula, J. -

I.A. No. 3850/2021 (for delay 65 days in filing the petition) & I.A. No. 3851/2021 (for delay of 166 days in re-filing the petition)

1. By way of the afore-noted applications, the Petitioner seeks condonation of delay in filing and re-filing of the objection petition under Section 34 of the Arbitration and Conciliation Act, 1996 [hereinafter referred to as the Act ] assailing the impugned Arbitral Award dated 1st October, 2019 passed by the Arbitral Tribunal comprising of (i) Mr. A.K. Yadav [presiding Arbitrator], (ii) Mr. R.N. Goel, and (iii) Mr. B.D. Joshi [being the other two member Arbitrators]. The Arbitral Tribunal pronounced the majority Award [2:1] on 1st October, 2019, whereby the claims of the Respondent were allowed. One of the members to the Tribunal, Mr. B.D. Joshi, did not sign the impugned Award.

2. Mr. Keshav Mohan, learned counsel for the Petitioner states that the period of limitation under Section 34(3) of the Act would commence only when a valid Arbitral Award is made. In the instant case, the Arbitral Award dated 1st October, 2019 is not a valid or executable Award on account of being in violation of Section 31 of the Act, and theref

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