Listed Arbitration Centre by the Ministry of Law and Justice, Government of India
Listed Arbitration Centre by the Ministry of Law and Justice, Government of India

Filing Of Petition Under Section 34 Of The A&c Act Without Or In Anticipation Of Final Approval And Copy Of Impugned Award Is A Non-est Filing, Holds High Court Of Delhi [nhai V. Patel-knr (Jv), O.m.p.(Comm) 416 Of 2018]

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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.
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