M/s Rani Finance and Investment Company v. Kanta Chandok & Anr.

CORAM : Hon'ble Mr. Justice Rajesh Bindal Present:- Mr. Ravindra Jain, Advocate for the appellant. Mr. Parveen Kumar, Advocate for the respondents. RAJESH BINDAL J. C.M. No. 2174-CII of 2008 For the reasons stated in the application, delay of 340 days in re- filing the appeal is condoned. C.M. stands disposed of. FAO No. 372 of 2008(O&M) The challenge in the present appeal is to the judgment of learned Court below whereby the objections filed by the appellant to the award of the arbitrator were dismissed. The only issue raised by the appellant while filing the objections was that the award having been passed by the Arbitrator after four months of the reference of dispute be declared void as learned Counsel for the appellant could not refer to any provision of law or the judgment in support of his plea. The Arbitration and Conciliation Act, 1996 governs proceedings in hand. Even before this Court learned counsel for the appellant has not been able to point out as to under what provision of law an award has to be declared void in case the same is not pronounced by the Arbitrator within four months of the reference of dispute. Considering the aforesaid fact I do not find any reason to interfere in the judgment of learned Court below as there is no merit in the appeal. Accordingly, the appeal is dismissed. The application for condonation of delay is also dismissed.

1.12.2009 Reema (RAJESH BINDAL) JUDGE