M/S. Sree Sahajanand Concrete India Pvt.Ltd v. M/S. India Infoline Finance Limited. Rep.By Its Authorised Signatory Ms.B.Kavitha,

in Arb.O.P.(Com.Div.)D.No.73075 of 2021 M.SUNDAR, J.

Captioned main Arb.O.P. has been presented in this Court on 18.08.2021 assailing a arbitral award dated 21.02.2018 bearing reference No.ARC/IIFL/VL/4108/2017 [hereinafter 'impugned award' for the sake of brevity and convenience].

2. To be noted, non-compliance with Section 31(5) of 'The Arbitration and Conciliation Act, 1996 (Act 26 of 1996)' [hereinafter 'A and C Act' for the sake of brevity] i.e., not delivering a signed copy of the award to the parties is one of the grounds of challenge qua impugned award in captioned Arb.O.P.

3. Registry has raised objections regarding limitation and captioned matter was listed under cause list caption 'FOR MAINTAINABILITY' before this Court. Maintainability question was answered by me in and by proceedings dated 08.06.2022 and a scanned reproduction of the same is as follows :

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Note : Underlining made by this Court is for the sake of ease of reference and for highlighting.

4. To be noted, prior to aforementioned 08.06.2022 order, Hon'ble predecessor Judge in and by proceedings dated 11.01.2022 had requisitioned records from AT and I have also directed the Registry to send a reminder. It is in this context that the aforementioned underlined portion of paragraph No.6 of the proceedings dated 08.06.2022 came to be made.

5. This Court is informed that the position is no different today. In 5/7

other words AT has not responded until this day.

6. Therefore, in the light of the peculiar facts and circumstances of the case and the trajectory which this matter has taken (particularly records of AT being requisitioned and absolute silence from AT) captioned application with dispense with prayer is ordered as prayed for, reading 'original arbitral award dated 21.02.2018' in the prayer as 'signed copy of arbitral award dated 21.02.2018' which is to be delivered to each of the parties as mandated in Section 31(5) of A and C Act. In other words, dispense with prayer is acceded to. There shall be no order as to costs.

7.

Registry to proceed with processing of Arb.O.P.(Com.Div.)D.No.73075 of 2021, assign a number and list it in Admission Board if otherwise in order and other objections (if any) are duly removed by the counsel for applicants.

19.07.2022 ds (1⁄2) 6/7

M.SUNDAR.J ds in Arb.O.P.(Com.Div.)D.No.73075 of 2021 19.07.2022 7/7