1 arbp1267-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO.1267 OF 2010 IN AWARD DATED 25.9.2009 Union of India ...Petitioner vs. 1.M/s.Ajay Rash & Ors. ...Respondents --- Mr.S.R.Rajguru @ Mr.D.A.Dubey, for Petitioner. Mr.Rajnish Srivastav, for Respondents 1 & 2. --- CORAM: D.K.DESHMUKH, J. DATED: 24th June,2011. P.C.:- 1. Heard. The Award is dated 25.9.2009. The copy of the Award is received by the petitioner on 26.10.2009. It appears that the respondent nos.1 and 2 had made an application under Section 33 of the Arbitration & Conciliation Act, on 7.11.2009. He withdraw that application by addressing a communication to the Arbitrator on 12.3.2010. 2 arbp1267-10 However, this petition has been filed on 12.8.2010. The learned Counsel appearing for petitioner submits that as the Arbitrator has not made any order on the application of the respondents nos.1 & 2 for withdrawal of his application under Section 33 of the Arbitration & Conciliation Act, the period of limitation has not commenced. In my opinion, the submission is not well founded, because the application under Section 33 of the Act for correction in the Award was made by the Respondent nos.1 and 2 and they themselves addressed a letter saying that they are withdrawing the application. No order for withdrawal of that application from the Arbitrator is necessary. Therefore, the petitioner has not filed this petition within a period provided under Section 34 of the Act, from 12.3.2010. As the petition is not filed within that period, the petition is barred by limitation. The petition is, therefore, rejected. (D.K.DESHMUKH, J.) ---