Challenge Without Impugned Award, Vakalatnama, And The Attested Statement Of Truth, Non-Est In Law: Delhi High Court

The Single Bench of Justice Vibhu Bakhru was dealing with a case where the petitioner had initially filed a challenge petition under Section 34 of the A&C Act without the impugned award, vakalatnama, and the statement of truth.

Facts

The parties entered into an agreement dated. 16.06.2010. Dispute arose between the parties and the same was referred to arbitration.

The arbitrator delivered an award on 10.06.2019 which was received by the petitioner on 12.06.2019.

The petitioner had originally on 13.09.2019 filed a petition consisting of only 73 pages. The registry pointed out certain defects in the petition including the non-filing of the impugned award, vakalatnama, and the verification.

The petition was re-filed 24.10.2019 and this time the petition was running into 1325 pages including the necessary document. The registry again returned the petition for defects and it was finally filed on 19.11.2019.

Objections raised by the Respondent

The respondent objected to the maintainability of the petition on the following grounds:

• The petition is barred by limitation as it is filed after the three months.
• No application seeking condonation of delay is filed.
• The initial petition was filed without the impugned award, vakalatnama, and verification, therefore, it was non-est in law.
• As the earlier petition was non-est in law, both the petitions cannot be treated as one and the date of the filing of the present petition would determine the limitation period.

Analysis by the Court

The Court observed that the original petition was filed on 13.09.2019, however, it was filed without the impugned award, vakalatnama, and the statement of truth which are essential requirements under the law.

The Court held that the initial application filed by the petitioner cannot be considered as a valid filing under the law.

The Court held that as the initial filing done by the petitioner was non-est in law, the date of refiling i.e., 24.10.2019 is to be taken as the first date of filing of the present application. Therefore, there is a delay of 42 days in the filing of the present petition and thus, beyond the period that can be condoned.

Accordingly, the Court dismissed the petition as barred by law.

Case Title: IRCON INTERNATIONAL V. REACON ENGINEERS (INDIA) PVT. LTD. O.M.P. (COMM.) 488/2019

Citation: 2022 LiveLaw (Del) 607

DATE: 04.07.2022

Counsel for the Petitioner: Mr Debarshi Bhadra, Advocate.

Counsel for the Respondents: Mr M.K. Ghosh, Mr Tina Garg, Mr Amit Mohanty, Advocates.

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