DELHI HIGH COURT: SECTION 34 PETITION IS NON-EST IF FILED WITHOUT THE ARBITRAL AWARD

The Delhi High Court in the case Union of India v.

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M/s Panacea Biotec Limited observed and has held that non-filing of the arbitral award along with the petition moved under Section 34 of the Arbitration and Conciliation Act is a fatal defect which renders the filing as non-est.

The bench comprising of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna in the case observed and has held that filing of an award along with the challenge petition is not an empty procedural requirement as sans the award, thus, the said court is left absolutely clueless to comprehend the grounds taken in the objection Petition and thereby unable to decide whether the Petition merits Notice to be issued or outright rejection.

Facts of the Case: The court stated that the facts in all three cases were identical. The arbitral award was made on March 14, 2019 and the petition moved under section 34 of the Act, 1996, were subsequently filed.

The court stated that the Condonation of delay, ranging from 50 to 55 days, was sought in filing or refiling applications.

The bench headed by learned Single Judge dismissed the application wherein it is stated that the valid filing occurred beyond the prescribed period of 3 months and 30 days under Section 34(3) of the Act, 1996.