Can an application under Section 34 of the Arbitration & Conciliation Act, 1996 for setting aside an arbitral award be filed without filing the copy of the award, to save the period of limitation u/s 34(3)? – KGF Cottons Pvt. Ltd. Vs. Haldiram Snacks Pvt. Ltd. – Delhi High Court
The Hon’ble Delhi High Court held that a petition under Section 34 of the Arbitration & Conciliation Act is for setting aside the Award. It cannot be said that a challenge to an Award filed without the Award itself would be a valid filing. Without the Award, the challenge would become meaningless because unless the Award is perused by the Court, it cannot adjudicate upon the appropriateness and correctness of the Award. An application under Section 34 of the Act filed without an Award and admittedly without a vakalatmana can only be a stack of papers filed only to save the limitation.