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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Avneesh Jhingan, J.
Balbir Singh Jammu - Appellant - Appellant
Versus
Punjab State Cooperative Supply and Marketing Federation Ltd. - Respondent - Respondent
FAO No. 4221 of 2013 (O&M)
Decided On : 11-05-2023
Arbitration - Time Barred Objections - Section 34 of the Arbitration and Conciliation Act, 1996 - The court set aside the dismissal of objections as time barred and remitted the matter back to the court concerned to decide objections afresh.
Fact of the Case:
The appellant, an employee of the respondent, filed objections under Section 34 of the Act as time barred after an ex-parte award was made in favor of the respondent. The appellant claimed that no signed copy of the award was supplied to him and he gained knowledge of the award during execution proceedings.
Finding of the Court:
The court found that the impugned order was passed without recording a finding that a signed copy of the award was delivered to the appellant. The court set aside the dismissal of objections as time barred and remitted the matter back to the court concerned to decide objections afresh.
Issues: The issues revolved around the delivery of the signed copy of the arbitral award to the parties and the limitation to file objections under Section 34(3) of the Act.
Ratio Decidendi: The court emphasized that as per Section 31(5) of the Act, the arbitrator is obliged to deliver the signed copy of the arbitral award to the parties, and the limitation to file objections starts from the date of receipt of the award.
Final Decision: The court allowed the appeal, set aside the dismissal of objections as time barred, and rendered pending applications infructuous.
AVNEESH JHINGAN, J.
1. This appeal under Section 37 of the Arbitration and Conciliation Act, 1996 (for short, 'the Corporation') is filed aggrieved of dismissal of objections under Section 34 of the Act as time barred.
2. The brief facts are that the appellant was the employee of the respondent. The terms and conditions provided for dispute resolution through arbitration. The arbitration proceedings initiated at the instance of the respondent culminated in ex-parte award dated 13.6.2008. The respondent was held entitled to recover Rs.25,09,662/-. The objections filed by the appellant on 2.6.2009 were dismissed as time barred on 9.5.2013, hence the present appeal.
3. Learned counsel for the appellant submits that no signed copy of the award was supplied to the appellant. He further submits that the appellant gained knowledge of the ex-parte award on service of notice in execution proceedings.
4. Learned counsel for the respondent defends the impugned order and submits that award was sent by the arbitrator to the appellant.
Section 31(5) of the Act is reproduced below:
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(5) After the arbitral award is made, a signed copy shall be delivered to each party.
5. As per Section 31(5) of the Act, the arbitrator is obliged to deliver the signed copy of the arbitral award to the parties. The limitation to file objections starts from the date of receipt of the award. The impugned order has been passed without recording a finding that signed copy of the award was delivered to the appellant. The District Judge proceeded on the basis that delay of more than thirty days cannot be condoned under Section 34(3) of the Act. The stand taken by the appellant that he gained knowledge of the ex-parte award during pendency of the execution proceedings and no copy of award was supplied was not contradicted.
6. Consequently, the order dismissing the objections as time barred is set aside.
7. The matter is remitted back to the court concerned to decide objections afresh.
8. The appeal is allowed.
9. Since the main appeal has been allowed, pending application, if any, is rendered infructuous.
Appeal allowed.
The main legal point established in the judgment is that the delivery of the signed copy of the arbitral award to the parties is crucial, and the limitation to file objections starts from the date of....
The obligation of the Arbitrator to supply the signed copy of the arbitral award to each party, as per Section 31(5) of the Arbitration and Conciliation Act, 1996.
The limitation period for challenging an arbitral award under Section 34 of the Arbitration & Conciliation Act, 1996, commences only from the date the aggrieved party receives a signed copy of the aw....
The crucial date of receipt of the signed arbitral award determines the period of limitation for challenging an award under Section 34 of the Arbitration and Conciliation Act, 1996.
The calculation of the limitation period under Section 34 of the Arbitration and Conciliation Act, 1996, requires the exclusion of the first day and the reckoning of the three-month period from the d....
The necessity of delivering a signed copy of the arbitral award to each party to begin the running of the limitation period under Section 34 of the A&C Act.
(1) Petition against arbitral award – Commencement of period of limitation – Period of limitation prescribed for filing objections would commence only from date when signed copy of award is delivered....
The presumption of service of a registered post under the Indian Evidence Act and General Clauses Act is crucial in determining the limitation period for filing objections to an arbitration award.
The delivery of a signed copy of an arbitral award under Section 31(5) of the Arbitration Act is essential for initiating limitation periods, but actual knowledge and acknowledgment of the award by a....
The limitation period for filing an application under the Arbitration and Conciliation Act commences upon receipt of a signed copy of the arbitral award, not an uncertified copy.
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