- (1.) The appeal arises out of an order dated November 14, 2017 by which a hopelessly belated petition under Section 34 of the Arbitration and Conciliation Act, 1996 filed in 2017 in respect of an award of December 11, 2013 was dismissed on the ground of delay.
(2.) It is recorded in the order impugned that after the publication of the award, the financier applied for execution and the appellants herein filed an application, GA No.1779 of 2015, for recalling the orders passed in the execution proceedings and in such recalling application, the appellants disclosed a covering letter dated December 11, 2013 issued by the arbitrator through which a copy of the arbitral award was apparently forwarded to the appellants.
(3.) The respondent has produced a copy of the application pertaining to GA No.1779 of 2015. Paragraph 4 of such application is set out: "On 11th December, 2013 Sri Shondiep Ghosh, learned Advocate and sole Arbitrator passed an award in favour of the respondent upon adjudication of the said dispute. In the said award the respondent was declared as the sole owner of the said vehicle together with its accessories. It was also awarded that the respondent is entitled to possession of the said vehicle. In the said award your petitioners were directed to pay a sum of 13,00,327/- to the respondent together with an interest thereupon @24% per annum from the date of passing of the award till realization thereof. It was further awarded that your petitioner will be entitled to possession of the said assets in the event the amount awarded, as mentioned aforesaid, is duly paid by your petitioners to the respondent. In the said award the ld. Arbitrator was further pleased to impose a cost of the reference to the tune of Rs.10,000/- upon your petitioners.";