Sri Raju Jana vs M/S. Motilal Oswal Financial ...
2023 Latest Caselaw 2629 Cal/2

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.