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2023 Supreme(Del) 170

NAVIN CHAWLA
Ambrosia Corner House Private Limited – Appellant
Versus
Hangro S. Foods – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr.Lalit Bhasin, Ms.Nina Gupta, Ms.Ananya Marwah, Mr.Ajay Pratap Singh, Advs.
For the Respondent: Mr.V.K.Garg, Sr. Adv. with Mr.Avneesh Garg, Mr.Parv Garg, Mr.Pawas Kulshrestha, Mr.K.S.Rekhi, Advs.

JUDGMENT :

1. This petition has been filed under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the ‘Act’) challenging the Arbitral Award dated 14.03.2022 passed by the learned Sole Arbitrator.

2. The learned senior counsel for the respondent has raised a preliminary objection on the maintainability of the present petition contending that the same has been filed beyond the period prescribed in Section 34(3) of the Act, including the maximum period of delay that can be condoned by this Court in filing of the present petition.

3. At the outset, a few admitted facts deserve to be noticed:-

    (a) The date of the Impugned Award is 14.03.2022;

(b) The petitioner does not dispute that a copy of the Award was supplied by the learned Arbitral Tribunal to the petitioner on the same day and, therefore, for the filing of the present petition, the period shall commence from 14.03.2022;

(c) The period of three months prescribed under Section 34(3) of the Act for filing of the petition expired on 13.06.2022;

(d) The Court was closed for summer vacation between 04.06.2022 till 01.07.2022. For the purpose of limitation, by the Notification dated 20.05.2022 issued by the

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