..i.h 11 o/o 22.09.2011 Present: Mr. Sandeep Sharma, Advocate for the appellant. Mr, Y.R. Malhotra, Advocate for the respondent No.1. + FAO No.24Ol09 and C.M. No.21876/20LO 1, The challenge by means of this First Appeal under Section 37 is to the impugned order dated 25.3.2009, and by which order the Court below dismissed the objections filed by the appellant under Section 34 of the Arbitration & Conciliation Act, 1996 (hereinafter referred to as 'the Act') as being barred by time. 2. The objections under Section 34 of the Act were filed on 21.5.2005 and the Awards were dated 9.4.2004 and 3 .5'2004. The Court below dismissed the objections on two grounds. Firstly, it was held that there was a letter issued by the appellant dated 22.7.2004 in which reference to the Award was made thus showing its knowledge. Secondly, it was held that the objections were barred because postal receipts dated 8.7 .2004 were filed to show the posting of the Award by the Arbitrator. lt was therefore held that objections filed on 2I.5.2005 were barred by limitation. 3. The period of limitation for filing of objections to an Award is a period of 90 days and additional 30 days after condonation of delay, aS per Section 34 of the Act. However, if a person applies for review of FAO No,2AO/Og Page 1' of 2 Digitally Signed By:AMULYA Certify that the digital file and physical file have been compared and the digital data is as per the physical file and no page is missing. Signature Not Verified r( the Award as per Section 33(4), the period of limitation for filing objections begins after disposal of the application for review. A reference to the letter dated 22.7.2OO4 of the appellant shows that the said letter was in fact an application seeking review of the Award' This application of review was rejected by the Arbitrator vide his letter dated 3.6.2005. The objections therefore which were filed on 21.5.2005 were in fact before the letter of rejection, and therefore it cannot be said that objections were barred by time. 4. The impugned order therefore dismissing the objections is accordingly set aside. The matter is remanded back to the Court below to hear and dispose of objections under Section 34 of the Act in accordance with law. Parties to appear before the District & Sessions Judge, Tis Hazari, New Delhi on 17th October, 20LI and on which date the District & Sessions Judge will mark the case to an appropriate Court for disposal in accordance with law. 5. With the aforesaid observations, the appeal and application stand disPosed of. SEPTEMBER 22,?OLL Ne lA ^ V f,rX-t'rrr'tvl*/-'vv,- vALMtKt J. MEHTA, J. FAO No.24O/O9 page 2 of 2