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Calcutta High CourtAPOT/291/2023dismissed

Sri Raju Jana v. M/S Motilal Oswal Financial Services Ltd (Tm) And ORS

2023-09-18Hon'Ble Justice I. P. Mukerji,Hon'Ble Justice Biswaroop Chowdhury2 pages

OD-3 APOT/291/2023 with AP/118/2023 IA No. GA/1/2023

IN THE HIGH COURT AT CALCUTTA

In appeal from its ORDINARY ORIGINAL CIVIL JURISDICTION CIVIL APPELLATE JURISDICTION Sri Raju Jana

Versus

M/s. Motilal Oswal Financial Services Ltd. (TM) & Ors. Before:

The Hon'ble Justice I. P. MUKERJI And The Hon'ble Justice BISWAROOP CHOWDHURY Date: 18th September, 2023.

Appearance:

Mr. Raju Jana, ...the appellant (in person).

Mr. Meghajit Mukherjee, Advocate Ms. Bidisha Gupta, Advocate ...for the respondent.

The Court: The application by the appellant under Section 34 of the Arbitration and Conciliation Act, 1996 challenging the arbitral award dated 4th July, 2019 was dismissed by the learned single judge on 31st July, 2023 on the ground of limitation.

We do not interfere with the impugned judgment and order because the said application was filed in this Court four years from the date of receipt of the award hopelessly beyond the time which was allowed.

The appellant appearing in person cites major health issues as a ground for not preferring the Section 34 application within time and earnestly prays for condonation of delay.

We have no power to do so.

The appeal and the connected application are dismissed. On the prayer of the appellant in person, liberty is granted to him to avail of any other remedy available to him in law to challenge the arbitral award in question.

(I. P. MUKERJI, J.) (BISWAROOP CHOWDHURY, J.) A/s.