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TMI Blog2018 (8) TMI 2124X X X X Extracts X X X X X X X X Extracts X X X X ..... ct, 1996 - HELD THAT:- The judgment of the Bombay High Court in the case of Amit Suryakant Lunavat vs. Kotak Securities, Mumbai [ 2010 (9) TMI 1292 - BOMBAY HIGH COURT ] does not reflect the correct position in law. Section 34(3) specifically speaks of the date on which a request under Section 33 has been disposed of by the Arbitral Tribunal. Thus, a disposal of the application can be eith ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s also made on behalf of the respondent on 20.11.2015. Both these applications were decided by the learned Arbitrator together and dismissed on 14.12.2015. 3. On 11.03.2016, objections and application objecting to the Award was filed under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act ) by the respondent. The only question that arises is whether t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 6. Learned counsel appearing on behalf of the petitioners before us has argued that the expression disposed which is mentioned in Section 34(3) would have to be read in consonance with and in harmony with Section 33. So read, this would only mean where some positive step has, in fact, taken place under Section 33 and the Award is either corrected or modified. This could not possibly refer to an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... decide to add any additional claims and modified the award as only in such cases the original award looses its originality and therefore an application for setting aside the award needs to be filed within three months from the date of receipt of such corrected or modified award. Therefore, the party who received the award after deciding the application under section 34(3) of the Act, may get the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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