Delhi High Court - Orders
Road Construction Department Bihar vs Bla-S & P (Jv) on 12 March, 2021
Author: Sanjeev Narula
Bench: Sanjeev Narula
$~19
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ O.M.P. (COMM) 116/2021, I.A. 3849/2021 (for exemption), I.A.
3848/2021 (for stay), I.A. 3850/2021 (for delay in filing) & I.A.
3851/2021 (for delay in re-filing)
ROAD CONSTRUCTION DEPARTMENT BIHAR ..... Petitioner
Through: Mr. Keshav Mohan, Advocate with
Ms. Ritu Arora, Mr. Rishi K.
Awasthi, Mr. Piyush Vatsa and Mr.
Prashant Kumar, Advocates.
versus
BLA-S & P (JV) ..... Respondent
Through:
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER
% 12.03.2021
[VIA VIDEO CONFERENCING]
1. The present petition under Section 34 of the Arbitration and Conciliation Act, 1996 is accompanied with an application (I.A. 3850/2021) seeking condonation of delay of 65 days in filing the present petition.
2. The impugned Award is stated to be passed on 1st October, 2019. According to the Petitioner, the copy of the Award was received on 12th October, 2019. If the limitation is calculated from the next day i.e., 13th October, 2019, it would expire on 8th January, 2020. The present petition has been filed on 24th July, 2020.
3. Prima facie, the present petition is clearly barred by limitation. Mr. Keshav Mohan, learned counsel for the Petitioner submits that, Signature Not Verified Digitally Signed By:SAPNA SETHI Signing Date:17.03.2021 11:07 notwithstanding the issue of limitation, the Court may consider issuing notice in the petition, as the Petitioner raises a fundamental question regarding the validity of the Arbitral Award, on the ground that the same has not been signed by all the members. He draws the attention of this Court to the signed copy of the Arbitral Award to point out that the same bears the signatures of only two members.
4. It has been queried by the Court whether in the absence of the signatures of the third member, the Award would become non est. The learned counsel for the Petitioner states that he would like to cite case law and seeks one day's accommodation.
5. List on 16th March, 2021.
SANJEEV NARULA, J MARCH 12, 2021 nd Signature Not Verified Digitally Signed By:SAPNA SETHI Signing Date:17.03.2021 11:07