D.P.COMMUNICATION SYSTEMS (PVT.) LTD. Vs. STATE OF H.P.NON-APPLICANT
LAWS(HPH)-2004-12-48
HIGH COURT OF HIMACHAL PRADESH
Decided on December 16,2004

D.P.COMMUNICATION SYSTEMS (PVT.) LTD. Appellant
VERSUS
STATE OF H.P.Non -applicant Respondents

JUDGEMENT

ARUN KUMAR GOEL,J. - (1.) ADMITTED facts giving rise to filing of this application are that against the award dated 24.4.2001 passed by the Arbitrator, petitioner has filed objections under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to r -as "the Act").
(2.) A reading of the objection petition no where indicates as to when the signed copy of the arbitral award was received by the petitioner. Whether it was received at all or not, is a fact at least not disclosed in the objections. However, its receipt is acknowledged in OMP No. 582 of 2004. Besides this, no copy of this award has been attached with the objection petition i.e., OMP (M) No. 79 of 2001. While contesting the objections of the petitioner, respondent -State raised an objection regarding maintainability of the objection petition due to non -filing of signed copy of the award. Consequently, prayer was made on behalf of the respondent for dismissal of these objections.
(3.) ON the pleadings of the parties following issues were framed on 22.7.2000: 1. Whether the award dated 27.4.2001 is liable to be set aside on the grounds stated in the objection petition? OPO. 2. Relief.;


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