Steel Authority Of India Limited vs M/S Everest Rolling Industries … on 1 December, 2016

1. This appeal has been preferred against the judgment and / or order

dated 23.05.2016 delivered by a learned single Judge of this court in OMP

20/2016 and IA Nos.6525-6526/2016. By virtue of the impugned

judgment, the petition under Section 34 of the Arbitration and Conciliation

Act, 1996 (hereinafter referred to as „the said Act‟), which was filed by the

appellant, was dismissed on the ground of limitation.

2. The arbitral award was made on 20.10.2014 and was received by the

appellant on 03.11.2014. Initially, the appellant filed OMP No.198/2015

FAO (OS) 231/2016 Page 1 of 9
under Section 34 of the said Act. This petition was filed in this court. It

was admittedly filed on the 89th day from the receipt of the award by the

appellant. Notice was issued on the said OMP. But, the same was

withdrawn by the appellant on 17.03.2016 allegedly on the objection raised

on behalf of the respondent that the petition had been filed before this court,

which did not have jurisdiction to entertain the same and that the same

ought to have been filed before the Principal Civil Court of Original

Jurisdiction.

Source: Indian Kanoon

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