Background:
- National Highways Authority of India (NHAI) filed a petition challenging an arbitration award passed against it
- The petition was filed without the final approval, a copy of the award, vakalatnama, and with several other defects
- The registry returned the petition due to several defects
- The petitioner claimed to have refiled the petition after removing the defects but there was no evidence of it
Objections To The Maintainability Of The Petition:
- The respondent objected to the maintainability of the petition due to several defects
- The re-filing was done after the expiry of the limitation period provided under Section 34(3) of the A&C Act
Analysis By The Court
- The Court examined the validity of the initial filing
- The Court found that although the initial filing was within the period of limitation, however, it was returned on account of several defects
- The Court relied on the judgment of the Division Bench in ONGC v. JV SREE and Brahmputra Cracker v. Rajshekhar Construction
- The Court held that a petition which is filed in anticipation of the final approval and without the copy of the award, vakalatnama, and with several other defects regarding the statement of truth is a non-est filing.
Conclusion
- The Court rejected the petition due to the filing being done without or in anticipation of the final approval
- The Court highlighted the importance of following the proper procedure when filing a Section 34 petition under the A&C Act
- The case serves as a reminder to litigants to ensure that they file their petitions correctly to avoid any unnecessary delays or rejections.
