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2016 (6) TMI 1452 - HC - Indian LawsService of Arbitral Award - existence of dispute between the parties or not - applicability of period of limitation prescribed under Section 34(3) of the Arbitration Act. Whether unclaimed service of the signed copy of the arbitral award sent by the learned arbitrator to a party under Section 31(5) of the Arbitration Act inspite of intimation posted by the postman would amount to a good service and refusal to accept the arbitral award? - whether limitation for filing a petition would commence under Section 34(3) of the Arbitration Act from the date of such refusal of service of the arbitral award? HELD THAT:- If the submission of the learned counsel for the petitioner that till service of signed copy of the arbitral award from the learned arbitrator is actually received by the petitioner though it was not claimed by the petitioner inspite of intimation posted by the postman, it will not amount to delivery of the award under Section 31(5) of the Arbitration Act is accepted, dishonest litigant who deliberately does not claim copy of the signed award sent by the learned arbitrator inspite of the postman having posted the intimation, the limitation would never commence for filing a petition under Section 34(3) of the Arbitration Act and the beneficiary of the award would never be able to apply for execution of such award. An unclaimed service amounts to a good service and amounts to refusal to accept the delivery of the arbitral award which was sent by the learned arbitrator at the correct address and the intimation was posted by the postman to the petitioner. The limitation for filing of the arbitration petition under Section 34(3) of the Arbitration Act would commence from the date on which the intimation was posted by the postman and the same was not collected by the petitioner from the post office. Admittedly, the intimation was posted in this case by the postman on 21st July 2014 and 22nd July 2014 whereas the the petitioner has lodged the arbitration petition only on 22nd June 2015. The petition thus having been filed after expiry of three months from the date of deemed delivery of such award, the petition in my view is barred by law of limitation prescribed under Section 34(3) of the Arbitration Act. Arbitration Petition is dismissed on the ground of limitation.
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