- (1.) Heard Shri Brijesh Kumar Saxena, learned counsel for appellants and Shri P.C. Agarwal, learned counsel for respondents.
(2.) This is an appeal under Section 37 of Arbitration and Conciliation Act, 1996 (hereinafter referred to as the, Act 1996) arising from the judgment and order dated 24.08.2005, passed by District Judge, Lucknow in Arbitration (Misc.) Case No. 225/2005 whereby appellant's petition under Section 34 of Act 1996, praying for setting aside Arbitral award dated 29.03.2000, has been dismissed on the ground that said petition/objection was filed on 18.08.2005, that is beyond the period of limitation and beyond even maximum extendable period of limitation and, therefore, barred by limitation.
(3.) Assailing aforesaid order substantial ground raised by appellants is that copy of award was not supplied to appellants or their successor Shri Shyam Kishore Tiwari though it was mandatory in view of Section 31 (5) of Act, 1996. Unless a copy is supplied by arbitrator, it could not have been said that period of limitation commenced and, therefore, there was no question of dismissing appellant's petition filed under Section 34, as barred by limitation.;