FAO No.133 of 2009 (O&M) -1- ******* IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.133 of 2009 (O&M) Date of decision:08.11.2010. Mahakali Rice Mills and another ...Appellants Versus The Punjab State Civil Supplies Corporation Ltd. and others ...Respondents CORAM: HON’BLE MR. JUSTICE RAKESH KUMAR JAIN Present: Mr. M.S.Dhami, Advocate, for the appellants. Mr. C.S.Bakshi, Advocate, for respondent Nos.1 and 2. None for respondent Nos.3 to 5. ***** RAKESH KUMAR JAIN, J. (ORAL) This appeal is directed against order of the learned District Judge, Rupnagar dated 03.06.2008 by which objection filed by the appellants under Section 34 of the Arbitration and Conciliation Act, 1996 [for short “the Act”] has been dismissed on the ground of delay. Admittedly, the arbitral award was passed by the learned Arbitrator on 19.03.2007. Copy of the arbitral award was alleged to have been sent to the appellants, but was returned with the report that the premises were lying closed. The appellants came to know about the award on 27.06.2007 and had filed the objection on 26.09.2007, i.e. within 3 months as provided under Section 34(3) of the Act. However, learned Court below dismissed the objection on FAO No.133 of 2009 (O&M) -2- ******* the ground that since the appellants had participated in the arbitral proceedings and the award was passed in their presence, therefore, they had the notice of the award and could have filed the objection within the prescribed period. In this way, the period of limitation has been calculated by the learned Court below from the date of passing of the award and not from the date on which the award was served upon the appellants, i.e. 27.06.2007. The language of Section 34(3) of the Act clearly provides that the limitation would start from the receipt of the certified copy of the award and not from the date of knowledge. In view thereof, the finding recorded by the learned Court below is patently erroneous, illegal and hence, the present appeal is allowed and the impugned order is set aside. The objection filed by the appellants under Section 34 of the Act are to be considered within limitation and the learned Court below is directed to decide the objection afresh on merits. The parties, through their learned counsel, are directed to appear before the learned Court below on 13.11.2010. At this stage, learned counsel for respondent Nos.1 and 2 submits that since the arbitral award is of the year 2007, therefore, the learned Court below may be directed to decide the objection within a time frame. The request made appears to be genuine. Hence, the learned Court below is directed to decide the objection within a period of six months from the date on which the parties would appear before it. November 08, 2010 (RAKESH KUMAR JAIN) vinod JUDGE