Delhi High Court: Award is time-barred under Section 34(3) of Arbitration Act due to petitioner's failure to confirm award receipt on affidavit

The counsel, Advocates Mr. Prashant Mehta, Mr. Varun Gupta, Ms.Simran wason, Mr. Akhil G.Kurup appeared for the Petitioner. The counsel, Advocates Mr. Sidhant Goel, Mr. Shubham Shanker Saxena, Mr. Karmanya Dev Sharma represented the Defendant.

The Delhi High Court in the case M/S Indure Pvt Ltd Versus Aneja Construction (India) Ltd observed and has affirmed that in absence of any positive affirmation on affidavit from the petitioner as to when the award was received, thus, the court cannot accept the mere ipse dixit of the petitioner that as soon as the award was received it was filed by the petitioner.

The Delhi High Court bench of Justice Subramonium Prasad was hearing the present matter.

FACTS OF THE CASE

The petitioner has approached the court under Section 34 of the Arbitration & Conciliation Act, 1996 wherein it challenged an award passed by the arbitrator allowing the claims of the respondent.

The Arbitrator by the impugned award has rejected the counter claims of the petitioner.