R.D. Dhanuka, J. - (1.) By this notice of motion, the appellant (original petitioner) seeks condonation of delay of one day in filing Commercial Arbitration Petition (L) No.1111 of 2019 filed under section 34 of the Arbitration and Conciliation Act, 1996 against the impugned award dated 6th March,2018 and corrected award dated 11th September,2018 and the majority award dated 12th April, 2019. Some of the relevant facts for the purpose of deciding this notice of motion are as under :-
(2.) The Arbitral Tribunal had rendered the arbitral award on 6th March,2018. A copy of the arbitral award was received by the parties on the same day from the Arbitral Tribunal. The respondent herein thereafter filed an application under section 33(1) of the Arbitration Act on 2nd April,2018 inter alia praying for rectification and/or correction of certain errors in the original award dated 6th March,2018. There was no response filed by the applicant herein to the said application dated 2nd April,2018. On 11th September,2018, the Arbitral Tribunal passed an order correcting some of the errors in the original award. In paragraph (7) of the said order dated 11th September,2018, the date mentioned in paragraph (25) as 6th August, 2013 was corrected as 25th August,2006. A copy of the said order dated 11th September,2018 was served upon both the parties by the Arbitral Tribunal.
(3.) The applicant herein thereafter made an application on 5th October,2018 before the Arbitral Tribunal under section 33(1) of the Arbitration Act inter alia praying for making correction of the date mentioned as 25th August, 2006 as 14th April,2015 in the order dated 11th September, 2018 which was the date of filing the statement of claim by the respondent. The said application was opposed by the respondent by filing an affidavit in reply dated 10th October,2018. Two of the members of the Arbitral Tribunal passed an order on 12th April,2019 rejecting the application filed by the applicant whereas one of the arbitrator passed a separate and dissenting order on 17th April,2019 thereby correcting the date of the claim as prayed by the applicant in the said application under section 33. The petitioner has lodged this arbitration petition under section 34 of the Arbitration Act inter alia impugning the said award dated 6th March, 2018, order dated 11th September, 2018 and 17th June, 2018. There is delay of one day according to the applicant in filing the arbitration petition which is sought to be condoned in this notice of motion.;