T.S.SIVAGNANAM,J. - (1.) These petitions have been filed under section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter called the Act) to set aside the awards passed by the learned Arbitrator in three claim petitions filed by the respondent finance company.
(2.) These petitions are yet to be numbered. The Registry raised an objection stating that the arbitral awards are dated 21.11.2013 and the time limit to file original petitions to set aside the award came to an end on 21.2.2014. But, the petitioners filed these petitions only on 02.9.2016 and therefore, the petitions have been presented beyond the time permitted under Section 34(3) of the Act. Further, the Registry stated that if the Court is satisfied that the petitioners were prevented by sufficient cause from making an application within the said period of three months, it may entertain the petitions within a further period of 30 days, but not thereafter. Therefore, the Registry returned the papers to the petitioners' counsel with an endorsement that 'in view of the time limit prescribed under Section 34 of the Act, the challenge to the awards cannot be made beyond the prescribed period."
(3.) The papers were represented by the learned counsel for the petitioners with an endorsement that the original copies of the arbitration awards have not been delivered to the petitioners till date and the existence of the awards came to the petitioners' knowledge only when summons dated 28.11.2015 were served on them in the execution petitions in November 2015. The petitioners request and representations to the learned Arbitrator for signed copies of the awards on 30.11.2015, 12.12.2015 and 15.12.2015 evinced no reply. The petitioners' counsel demand for signed copies by notices dated 28.12.2015, 7.1.2016, 18.1.2016, 6.2.2016 and 16.2.2016 also remained unreplied. The learned Arbitrator also did not pass any order on the demand made by either the petitioners or their counsel. Only xerox copies of the awards came to be served during the hearing of the execution petitions and as coercive measures by way of execution have commenced, the petitioners are constrained to challenge the awards along with applications seeking to dispense with the original copies of the awards in A.(SR).Nos.33323, 33325 and 33330 of 2016.;