SURPREET SINGH SURI Vs. HORIZON CREST INDIA REAL

JUDGEMENT

(1.) The petitioner has filed the present petition under Sec. 34 of the Arbitration and Conciliation Act, 1996 (hereafter 'the A&C Act') impugning an arbitral award dtd. 2/7/2019 rendered by an Arbitral Tribunal comprising of three arbitrators (hereafter 'the Arbitral Tribunal').

(2.) The petitioner had claimed that the impugned award dtd. 2/7/2019 was not served upon him and he became aware of the impugned award on 30/7/2019 when the Horizon Group filed a petition under Sec. 9 of the A&C Act [being OMP (I) (COMM) 217/2019].

(3.) Thereafter, on 22/8/2019, the petitioner filed an application before the learned Arbitral Tribunal seeking correction of the award. In addition to the petitioner, respondent nos. 34, 35, and 37 had also filed applications under Sec. 33 of the A&C Act. The Arbitral Tribunal considered the applications filed under Sec. 33 of the A&C Act and by a common order dtd. 20/11/2019, it disposed of the petitioner's application as being barred by limitation. The Arbitral Tribunal also held that the impugned award was duly served upon all the concerned parties.