Delhi High Court: Award Is Time-Barred Under Section 34(3) Of Arbitration Act Due To Petitioner's Failure To Confirm Award Receipt On Affidavit

The Delhi High Court in the case M/S Indure Pvt Ltd Versus Aneja Construction (India) Ltd observed and has affirmed that in absence of any positive affirmation on affidavit from the petitioner as to when the award was received, thus, the court cannot accept the mere ipse dixit of the petitioner that as soon as the award was received it was filed by the petitioner.

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The Delhi High Court bench of Justice Subramonium Prasad was hearing the present matter. FACTS OF THE CASE The petitioner has approached the court under Section 34 of the Arbitration & Conciliation Act, 1996 wherein it challenged an award passed by the arbitrator allowing the claims of the respondent.

The Arbitrator by the impugned award has rejected the counter claims of the petitioner.

The present petition is filed by the petitioner without the supporting affidavit, vakalatnama and the award. So, the file was returned under objections, and re-filing was done beyond the period of three months and the additional period of 30 days as provided under Section 34(3) of the Act.

The Court in its order dated February 02, 2028 allowed an application filed seeking condonation of delay of 45 days in re-filing the petition and the delay in re-filing was condoned.