- (1.) In this application under section 34 of the Arbitration and Conciliation Act , 1996, the petitioner has prayed for setting aside of the award dated March 27, 2019.
(2.) However, the petitioner company, being the award debtor has filed this application on November 19, 2019. It is alleged that although the award was made by the Arbitrator on March 27, 2019 but the petitioner received a copy of the award on or about August 28, 2019 along with a copy of the execution application, being EC No.281 of 2019 filed by the award holder, the respondent herein. Thus, according to the petitioner, it has filed the present application challenginig the arbitral award within three months from the date of receipt of the arbitral award, that is, within the time stipulated in Section 34 (3) of the Act of 1996.
(3.) However, the respondent, Steel Authority of India being the award holder raised strong objection to the maintainability of this application. In the affidavit in opposition the respondent alleged that the Arbitrator had forwarded the award made by him to the present petitioner and the same was received by the latter on March 27, 2019. In this regard, the respondent in its affidavit, has disclosed the copy of an electronic mail issued the Arbitrtor to the petitioner on May 8, 2019, as well as a copy of the letter dated May 09, 2019 issued by the petitioner to the Arbitrator.;