Ashis Kumar Chakraborty, J. - (1.) The petitioner has filed the application, A.P. No. 346 of 2018 for setting aside of the arbitral award dated December 11, 2017, read with corrective award dated February 6, 2018 and an additional award dated March 05, 2018 passed by a sole arbitrator (hereinafter referred to as "the arbitral award"). In the application, G.A. No. 1401 of 2018 the petitioner has prayed for stay of operation of the impugned award. In the said application the petitioner has also prayed for condonation of its omission to issue the notice under Section 34(5) of the Arbitration Act, 1996, as amended by the Act 3 of 2016 (hereinafter referred to as "the Act").
(2.) On June 19, 2018 when this application was taken up for hearing, a serious objection was raised on behalf of the respondent to the maintainability of the application. Therefore, before considering the petitioner's prayer for stay of the arbitral award this Court fixed the heaving to decide the merit of the above objection raised by the respondent.
(3.) On June 29, 2018 when this Court took up the matter for hearing the objection of the respondent to the maintainability of the petitioner's application the learned Senior Counsel for the petitioner further moved an application, G.A. No. 1555 of 2018. In the said application the petitioner stated that after filing the application, A.P. No. 346 of 2018 within the statutory period of 120 days, on June 20, 2018 it issued a notice under sub-section (5) of Section 34 of the Act which was received by the latter and its advocate. The petitioner also disclosed an affidavit showing receipt of the said notice dated June 20, 2018 by the advocate of the respondent. Therefore, in the said application, G.A. No. 1555 of 2018 the petitioner prayed for, inter alia, an order accepting the said notice dated June 20, 2018 and the affidavit annexed thereto as due compliance with the provisions in sub-section (5) of Section 34 of the Act. According to the respondent, even the said application, G.A. No. 1555 of 2018 is not maintainable.;