Vibhu Bakhru, J. - (1.) IA No.1332/2017 Allowed, subject to all just exceptions. The application is disposed of. O.M.P. (COMM)41/2017 & IA No. 1333/2017 The petitioners have filed the present petition under section 34 of the Arbitration and Conciliation Act, 1996 (hereafter 'the Act') assailing the arbitral award (hereafter 'the impugned award' ) dated 16.08.2016 entered by the sole arbitrator, Justice Vikramajit Sen, a former judge of the Supreme Court of India.
(2.) Admittedly, the petitioners had received the impugned award on 30.08.2016 and filed the present petition on 30.11.2016, that is, on the last date of limitation.
(3.) It is also not disputed that the petition as initially filed, was not accompanied by a certified copy of the arbitral award. In addition, there were large number of other defects and consequently, the petition was returned on 01.12.2016. It was re-filed on 16.12.2016 but the defects were not cured and the petition was returned on 17.12.2016. The petition was again re-filed on 02.01.2017 and was returned on 03.01.2017. Repeated opportunities were given to the petitioners to cure the defects but the petitioners took considerable time to do so and it is averred that the petitioners finally re-filed the petition on 23.01.2017, that is, more than 54 days after the petition was initially filed. The logs maintained by the registry indicate that the petition was re-filed on 24.01.2017; 28.01.2017 and 30.01.2017.The petition was also not accompanied with the applications for exemption and condonation of delay (IA 1332/2017 and 1333/2017) which were filed subsequently. It is seen that total period taken by the petitioners to file the defect free petition is beyond the period of 120 days as contemplated under Section 34(3) of the Act.;