- (1.) Impugned order of 4th January, 2016 dismisses appellant's objections under Section 34 of the Arbitration and Conciliation Act, 1996 as time barred. It is evident from the impugned order that against an Award of 15th October, 2003, appellant had filed the objections in the Godhra Court in Gujarat within period of limitation. However, those objections were not entertained due to lack of territorial jurisdiction vide order of 10th December, 2008. Photocopy of certified copy of order of 10th December, 2008 has been placed on record alongwith short synopsis by learned counsel for respondent and its perusal reveals that the objections filed by appellant before the Godhra courts were directed to be returned back to appellant by following the procedure under Order 7 Rule 10-A (2) of CPC. It is a matter of record that after a period of 16 months, appellant had filed an application under Order 7 Rule 10-A of CPC to fix the date of appearance in the court where the plaint is to be filed after its return. The said application stands allowed by the Godhra court vide order of 30th April, 2010 (Annexure A-6). The parties were directed to appear before the concerned court in Delhi on 30th June, 2010. Appellant had filed the objections before the Delhi court on 2nd July, 2010.
(2.) Trial court vide impugned order has dismissed appellant's objections under Section 34 of the Arbitration and Conciliation Act, 1996 by considering the aspect of the objections being within limitation or not.
(3.) While giving the benefit of Section 14 of the Limitation Act, trial court has concluded that appellant's objections under Section 34 of the Arbitration and Conciliation Act, 1996 are barred by 579 days.;