Calcutta High Court
Pramod Singh vs Axis Bank Limited on 22 April, 2015
Author: Biswanath Somadder
Bench: Biswanath Somadder
ORDER SHEET
A.P. No. 403 of 2015
IN THE HIGH COURT AT CALCUTTA
ORDINARY ORIGINAL CIVIL JURISDICTION
ORIGINAL SIDE
PRAMOD SINGH
Versus
AXIS BANK LIMITED
BEFORE:
The Hon'ble JUSTICE BISWANATH SOMADDER
Date: 22nd April, 2015.
Appearance:
Mr. Aasif Hussain, Adv.
Amrin Khatoon, Adv.
... for the petitioner
Mr. Aniruddha Mitra, Adv.
... for the respondent
The Court: Let the affidavit of service filed in Court today be kept on record.
The Court: This is an application under section 34 of the Arbitration and Conciliation Act, 1996. It appears that the petitioner has not filed the application within the timeframe as stipulated in sub-section (3) of section 34. However, in paragraph 28 of the petition the petitioner has provided reasons for not having filed the application within three months.
The application having been filed on 11th March, 2015, however, appears to be within a further period of 30 days, as specified under the proviso to sub- section (3) of section 34 of the Arbitration and Conciliation Act, 1996. In view of the averments contained in paragraph 28 of the petition, this Court is satisfied that the petitioner was prevented by sufficient cause from making the application within the stipulated period of three months and allows it to be entertained on its merit.
2
So far as merit of the application is concerned, it appears that the primary point which has been taken by the petitioner is non-service of notice by the respondent with regard to the commencement of the arbitration proceeding, as envisaged under section 21 of the Arbitration and Conciliation Act, 1996 and also in respect of non-service of subsequent notices of the proceedings held by the arbitral tribunal.
The learned advocate appearing on behalf of the respondent submits that intimation regarding commencement of the arbitration proceeding was duly received by the petitioner who chose not to appear before the arbitral tribunal upon commencement of the arbitration proceeding.
Considering this aspect of the matter, the learned advocate for the respondent is directed to serve upon the learned advocate for the petitioner, copies of all acknowledgment due cards indicating acceptance of service of notice by the petitioner in respect of the commencement of the arbitration proceeding and further notices in respect of the said proceeding which culminated in the award that is sought to be challenged in the instant application.
Let this matter appear for further consideration under the same heading, one week hence.
(BISWANATH SOMADDER, J.) sg2