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2018 (5) TMI 1749 - HC - Indian LawsCondonation of delay in filing petition - relevant time - the copy of the petition(s) was served on the respondents for the first time on 19.04.2018 - case of respondents is that as the petitions could not be filed without service of a copy thereof on the respondents, the date of filing of the present petitions has to be considered as 19.04.2018 - the petitions were filed beyond the period of 30 days after the expiry of three months from the date of the receipt of the Arbitral Award - condonation of such delay - Section 34 (5) of the Arbitration and Conciliation Act, 1996. Held that:- Section 34 (5) of the Act clearly show that the service of a prior notice on the other party is a mandatory requirement before filing of an application under Section 34 of the Act. Not only is such notice to be given but also the application itself has to be accompanied by an affidavit of the applicant endorsing the compliance of said requirement. This requirement of the service of prior notice therefore, cannot be said to be a mere formality or directory in nature. Taking the date of filing as 19.04.2018, the petitions would be beyond the period of 30 days after the expiry of three months from the date of the receipt of the Arbitral Award and this Court would not have the power to condone the delay even if the petitioner is able to make out a sufficient cause for this delay - It was incumbent on the petitioner to have served a copy of the petition(s) on the respondents before filing the present petition. In absence of such prior notice to the respondents, the filing itself cannot be considered as valid in law, so as to stop the period of limitation. Petition dismissed.
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