ARINDAM SINHA,J. - (1.) Applicant seeks to satisfy Court it was prevented by sufficient cause from making its application under section 34 of Arbitration and Conciliation Act, 1996 within three months from date it received copy of award duly signed by arbitrators in terms of sub-section (5) in section 31.
(2.) Mr. Ali, learned advocate appearing on behalf of applicant submits, signed copy of award was received by his client on 3rd July, 2017. This has been asserted by his client in paragraphs 1 and 2 of GA 3385 of 2017, as extracted below:- "......received by the Petitioner for the first time on July 3, 2017 ....." "....... As appears from the above the Arbitral Award was received by the Petitioner on July 3, 2017 by one of the officer of the Petitioner and the same was communicated to the legal department of the Petitioner."
(3.) He relies on affidavit affirmed on 13th July, 2018 filed pursuant to direction made in order dated 26th June, 2018, to his client's assertion made in paragraph 4 therein reproduced below : "4. I say that the award was never received by the Petitioner (Bajaj Allianz General Insurance Company Private Limited) before July 3, 2017. I say that the award was never received by the Petitioner which is supposed to be sent by the Arbitral Tribunal. I say that though the Award is dated May 18, 2017 but the same was never received by the Petitioner before July 3, 2017. The award dated May 18, 2017 was obtained by the officers of the Petitioner ( on the instructions of the Board of Directors) only on July 3, 2017 through his Learned Advocate on Record engaged before the Arbitral Tribunal.";