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2023 DIGILAW 1637 (PNJ)

Rajesh v. Shriram Transport Finance Company Limited

2023-05-05

AVNEESH JHINGAN

body2023
AVNEESH JHINGAN, J. 1. This appeal under Section 37 of the Arbitration and Conciliation Act, 1996 (for short ‘the Act’) is filed aggrieved of dismissal of objections as time barred. 2. The facts in brief are that the appellant availed a loan facility from respondent No.1. The terms and conditions provided for dispute resolution through arbitration. The arbitration proceedings initiated at the instance of respondent No.1 culminated in an ex parte award dated 05.03.2014. The objections filed by the respondent on 29.01.2015 were dismissed as time barred on 19.04.2017, hence the present appeal. 3. Learned counsel for the appellant submits that the appellant was neither served with the notice for arbitration nor had received the signed copy of the arbitral award. It is further argued that during execution proceedings, appellant gained knowledge of an ex parte award and immediately filed objections. 4. Learned counsel for respondent No.1 defends the impugned order. 5. Heard learned counsel for the parties and perused the record. 6. Section 31(5) of the Act provides that the Arbitrator is obliged to supply the signed copy of the arbitral award to each of the parties. 7. From the perusal of the record it is forthcoming that there is nothing on record to prove that the signed copy of the arbitral award was supplied to the appellant. The appeal is allowed. The impugned order is set aside, the matter is remitted back for deciding the objections on merits. 8. Since the main case has been decided, the pending application(s), if any is rendered infructuous. Appeal allowed.