Atul Kumar Jain, J. - (1.) IN this bunch of Five Civil Misc. Appeals filed U/s. 37 of the Arbitrations & Conciliation Act,1996 (Hereinafter referred as the Act of 1996) common points have been argued by both the parties and so these appeals are being hereby decided by a common order.
(2.) IN these appeals orders dated 18.12.13 passed by ADJ No. 8 Jaipur Metro, Jaipur in Arbitration File No. 449/2013,446/2013,447/2013,448/2013 and 445/2013, have been challenged by the state of Rajasthan. By the impugned order the lower court has dismissed their objections filed U/s. 34 of the Act of 1996. It has been argued on behalf of the appellant that the Award was to be signed by three arbitrators but actually it was signed by two arbitrators only, so when the award was given to the appellant, it was incomplete award and so its objections should not have been dismissed on the grounds of limitation. Here Section 31(1) and Section 31(2) of the Act of 1996 are relevant which read as under - "Section 31(1) - An Arbitral award shall be made in writing and shall be signed by the members of the Arbitral Tribunal. Section 32(1) - For the purposes of Sub Section (1) in Arbitral Proceedings with more than one arbitrator the signatures of majority of all the members of the arbitral tribunal shall be sufficient so long as the reason for any omitted signature is stated."
(3.) THUS it can be said that if the award was signed by two of the three members who were in majority then it was meaningless that the third person had signed it or not and so the first argument of the appellant deserves no favour from this Court. Sec. 34(3) of the Act of 1996 reads as under - "Application for setting aside arbitral award - 1. - - - - 2. - - - - 3. An application for setting aside may not be made after three months have elapsed from the date on which the party making that application had received the arbitral award or, if a request had been made U/s. 33, from the date on which that request had been disposed of by the arbitral tribunal: Provided that if the Court is satisfied that the applicant was prevented by sufficient cause from making the application within the said period of three months it may entertain the application within a further period of thirty days, but not thereafter".;