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MINI PUSHKARNA
Ministry of Youth Affairs And Sports, Dept. of Ports, Govt. of India – Appellant
Versus
Ernst And Young Pvt. Ltd. – Respondent
JUDGMENT
Mini Pushkarna, J.
Introduction
1. The present petition under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as "Arbitration Act") has been filed challenging the Award dated 11th December, 2017 passed by the Arbitral Tribunal consisting of three retired Judges of this Court. It is the case of petitioner that though the Arbitral Tribunal has passed the Award in its favour by upholding the submissions made by it in respect of its claims, however, the Arbitral Tribunal erred in not reflecting in the concluding para of the Award, the relief/amount with regard to one of the claims raised by the petitioner for Rs. 2.82 crores.
2. Perusal of the record in the present case shows that though the present petition was listed before the Court for the first time on 05th September, 2018, however, substantive hearing took place for the first time only on 13th February, 2019. On the said date, preliminary objection was raised on behalf of respondents with regard to maintainability of the present petition on the ground of limitation. Thus, matter has been heard by this Court only on the preliminary objection as regards maintainability of the present peti
Scanned signed copy of the award/order of the Arbitral Tribunal to the parties would be a valid delivery as envisaged under Section 31(5) of the Arbitration and Conciliation Act, 1996.
The court ruled that statutory timelines under the Arbitration and Conciliation Act are strict and failure to properly file within these limits results in dismissal as barred by limitation.
The limitation period for challenging an arbitral award commences upon receipt of a signed order, not an unsigned draft, emphasizing strict adherence to statutory timelines.
An application to set aside an arbitral award must adhere strictly to procedural requirements, failing which it may be deemed non-est, thereby barring the challenge by limitation.
The main legal point established in the judgment is the significance of adhering to the prescribed limitation period under the Arbitration Act and the requirement for parties to exercise their rights....
The failure to file essential documents alongside a Section 34 application renders the filing 'non-est', thus failing to stop the limitation period, leading to dismissal of the petition.
The period of limitation for filing objections to the Award commences from the date on which the party making the application has received a signed copy of the Arbitral Award in accordance with Secti....
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