Delay of 14 days in filing Section 34 Arbitration Petition – Interesting facts and important question of law
On 29.8.2023 Arbitral Award was passed. Both the parties filed applications under Section 33 of the AA for corrections of the Award.
On 27.2.2024, the applicant received email from its Advocates with unsigned order in word file on the said application.
However, on 11.3.2024, the applicant received the signed copy of the Order.
The question is whether the limitation for Section 34 petition will start from 26.2.2024 when unsigned copy of order was given or 11.3.2024 when signed copy order was given.
Rule 14.4 of E-filing Rules provides for limitation governing on-line e-filing will be the same as those applicable to physical filing.
HELD that an application under Section 33 of the AA can be considered as disposed only on the basis of signed order delivered to both the parties. The order passed on the application either under Section 33(1) or 33(4) will attain finality when it is signed by the Tribunal and delivered to the parties.
What was sent on 26.2.2024 by the Stenographer of the Arbitral Tribunal to the Advocates was unsigned copy of the order and therefore, it was only draft order.
Order dated 24.10.2024 of the High Court of Bombay (OS) in Interim Application (L) No.22009 of 2024 in Commercial Arbitration Petition No.427 of 2024 of Mumbai Metropolitan Region Development Authority Vs. Mumbai Metro One Pvt Ltd
