A.K. Yog, J. - (1.) Heard Sri R. N. Bhalla, advocate, learned counsel for the appellant and Sri Murlidhar, senior advocate assisted by Sri S. Goswami, learned counsel appearing on behalf of the respondents.
(2.) Sri S. Goswami, learned counsel for the respondents initially raised a preliminary objection regarding payment of deficient court fee of Rs. 95. However, after perusing the original record of the case, Sri Goswami withdrew the said preliminary objection. Sri R. N. Bhalla, learned counsel for the appellant also made requisite correction in the memorandum of appeal at the relevant place.
(3.) Sri R. N. Bhalla, learned counsel submitted that in the instant case, an Arbitrator was appointed, who gave an interim award dated 25.1.2000 (copy of which is said to have been received by the appellant on February 1, 2000) Final award was given on 14.2.2000. There is no dispute that interim award as well as final award (as defined under Section 2 (i) (c) of Arbitration and Conciliation Act, 1996 (hereinafter called the Act'), which defines expression : " "arbitral award'' includes an interim award." It is also not in dispute that interim award as well as final award could be challenged under Section 34 of the Act. It is also not disputed by the learned counsel for the parties before this Court that both interim award as well as final award can be challenged under Section 34 (3) proviso which reads : "(3) An application for setting aside may not be made after three months have elapsed from the date on which the party making that application had received the arbitral award or, if a request had been made under Section 33, from the date on which that request had been disposed of by the arbitral Tribunal : Provided that if the Court is satisfied that the applicant was prevented by sufficient cause from making the application within the said period of three months, it may entertain the application within a further period of thirty days but not thereafter.";