Deemed service of arbitral award fixes limitation for challenge when the recipient ignores postal intimation and leaves the envelope unclaimed.

Service of a signed arbitral award is complete under Section 31(5) of the Arbitration and Conciliation Act, 1996 when it is sent to the party's correct recorded address and the addressee fails to collect it after postal intimation. The unclaimed envelope is treated as deemed service and refusal to accept delivery, so limitation for a challenge under Section 34(3) begins from that deemed date of service. The Court also held that time to obtain a certified copy cannot be excluded under Section 12(2) of the Limitation Act because the Arbitration and Conciliation Act operates as a self-contained code on this point. The challenge was therefore barred by limitation.

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Issues: Whether unclaimed delivery of the signed copy of the arbitral award, after postal intimation was posted at the correct address, amounted to good service and refusal to accept delivery so that limitation for a petition under Section 34(3) commenced from the deemed date of service.

Analysis: The award had been dispatched by the arbitrator to the parties at their recorded addresses. Postal endorsements showed that delivery was attempted twice and intimation was posted, but the petitioner did not collect the envelope. The Court held that delivery under Section 31(5) of the Arbitration and Conciliation Act, 1996 was satisfied when the award was sent to the correct address and the addressee failed to claim it after intimation. Applying the principle of deemed service, the Court treated the unclaimed envelope as refusal to accept service. It further held that the petitioner could not exclude time under Section 12(2) of the Limitation Act, 1963 for obtaining a certified copy, as the Arbitration and Conciliation Act, 1996 is a self-contained code for this purpose.

Conclusion: Unclaimed service amounted to deemed service and refusal to accept delivery; the petition under Section 34(3) was barred by limitation and the challenge failed.

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