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Showing contexts for: hard copy in Reliance Commercial Finance Limited vs Taraashna Financial Services Limited on 1 October, 2024Matching Fragments
7. Mr. Pradeep Kumar Mandal, Manager-Legal filed an affidavit dated 28.08.2023 interms of order dated 02.08.2023. In the affidavit Mr. Pradeep Kumar Mandal stated that on 16.01.2023 learned Arbitrator listed the arbitration for pronouncement of award on 17.01.2023 and intimated that a copy of the award will be sent to both the parties by registered post. The petitioner on not having received the award addressed an email dated 30.01.2023 to the learned Arbitrator intimating non-receipt of the award and the petitioner requested the learned Arbitrator to send the hard copy of the arbitral award dated 17.01.2023 in the captioned matter to the address of the respondent mentioned herein below:
"Address:
Reliance Commercial Finance Limited Kamala Mills, Trade One Building 'D' Wing. 4th Floor, Kamala Mills Compound, Senapati Bapat Marg, Lower Pare/, Mumbai - 400013."
8. The respondent stated that the petitioner received the hard copy of the award on 06.02.2023 at the aforementioned address. It was stated that as per standard protocol of the Company, on receipt of the said Courier, certain details i.e. the date of receipt, name of recipient, the department of the recipient, name alongwith address of the sender, name of the person receiving the Courier alongwith his signature, name of the Courier agency (DTDC) and tracking number (Zl2701850) alongwith remarks by the concerned department of the Petitioner were entered into the Inward Courier Register of the Petitioner. The copy of the relevant page of the Register was filed along with the affidavit.
15. The respondent stated that affidavit dated 28.08.2023 filed by Petitioner is liable to be rejected out rightly as it contradicts the earlier position taken by the petitioner in the application for condonation of delay and the statement made by the Petitioner's counsel on 02.08.2023. It was submitted that by taking the date of receipt of award as 05.02.2023 the present petition is beyond the period of limitation. The respondent further submitted that in fact the petitioner was already in possession of a soft copy of the award prior to sending an email to the learned Arbitrator on 30.01.2023 and therefore the request was only made for a "hard copy" of the award. The respondent submitted that there is no statutory requirement of a hard copy to be delivered to the parties and the limitation starts from the date of from the date of receipt of award or acquisition of knowledge award.
B. SUBMISSIONS OF PETITIONER
18. Sh. Jayant Mehta learned senior counsel for the petitioner submitted that the present petition has been filed within the statutory period as prescribed under Proviso to Section 34(3) of the Arbitration and Conciliation Act, 1996 and has also been re-filed within the time prescribed. Learned senior counsel submitted that after the petitioner did not receive the soft or hard copy of the award, the petitioner's advocate vide email dated 30.01.2023 requested the Arbitrator for the hard copy of the Award. Learned senior counsel submitted that the request for the "hard copy" of the Award was made as the Arbitrator had clearly indicated that he would be sending a copy of the Award by registered post. It was submitted that therefore it cannot be assumed that the Arbitrator had sent a soft of the Award to the Petitioner solely on the basis of the Petitioner requesting for the hard copy of the Award.