Filing of Arbitration Petition u/S 34 of A&C act without a copy of the impugned Award is non-est

In the matter of Union of India v. NCC Limited [O.M.P (COMM) 66/2023] decided on 23.02.2024 by the Delhi High Court

FACTS

In the present case the arbitral award was made on 10.02.2022 and received by the parties on 12.02.2022. The period for filing of the petition within limitation period thus expired on 12.05.2022 and the maximum condonable period of delay expired on 12.06.2022. The arbitration petition under Section 34 of the Arbitration and Conciliation Act challenging the award dated 12.02.2022 was filed on 29.06.2022. The Counsel for Petitioner had contended that the filing was within the time period since the Court was on vacation and therefore, the date of 04.07.2023 should be considered as the limitation for condonation of delay. However, the Counsel for the defendants highlighted to the Hon’ble Court that the original filing was non-est since it consisted merely of the petition and statement of truth.

ANALYSIS

The Court while holding that the original filing was non-est observed that the grounds for challenging the impugned award could not have been appropriately appreciated without a copy of the award at all. Furthermore, it was observed by the Hon’ble Court that the admitted position of the Petitioner’s counsel that a copy of the impugned award was not filed along with the original petition, and was filed only in September 2022, after the maximum condonable period of delay. Following the judgments of the Division Bench and the admitted position that the original filing in the present case was without a copy of the award, the only possible conclusion was that the original filing was non-est.

Thus, the petition u/S 34 of the A&C Act was barred by limitation and therefore, it was dismissed.

AB-05-2024