DELHI HIGH COURT
MANMOHAN, NAVIN CHAWLA
Prashant Gautam – Appellant
Versus
Aakash Educational Services Pvt. Ltd. – Respondent
| Table of Content |
|---|
| 1. arbitration award dismissal basics (Para 1 , 2) |
| 2. appellant's argument on limitations (Para 3 , 4) |
| 3. court's review of lower court's findings (Para 5 , 12) |
| 4. limitation period for setting aside awards (Para 6 , 7 , 8 , 9 , 10 , 11) |
| 5. presumption of service of arbitral award (Para 14 , 16) |
| 6. denial of appeal and costs (Para 17) |
JUDGMENT
Navin Chawla, J. This appeal has been filed challenging the Order dated 12.07.2021 passed by the learned District Judge (Commercial Court) - 04, Central, Tis Hazari Courts, Delhi, in OMP (COMM) No. 79 of 2019, titled Prashant Gautam v. Aakash Educational Services Pvt. Ltd., dismissing the application filed by the appellant under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the `Act') in challenge to the Arbitral Award dated 12.05.2016 of the learned Sole Arbitrator, on the ground of it being barred by limitation under Section 34 (3) of the Act.
2. The dispute between the parties arose out of the offer of appointment as a Faculty in Physics Department by the respondent to the appellant vide letter dated 05.03.2014. As the appellant left the employment of the respondent on 01.04.2015, the re
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