Facts/Background:

• Mahindra & Mahindra Financial Service Ltd. (Appellant) was the financial institution that provided a loan facility.
• Maheshbhai Tinabhai Rathod was the Respondent, who availed of a loan facility under Agreement No. 366533 dated 24.10.2005 for purchasing tractors. Disputes arose over non-compliance with contractual terms, and therefore, the matter was referred to arbitration.
• The learned Arbitrator issued an award in favour of the Appellant on 28.02.2011 and dispatched the award to both parties via registered post.
• The Appellant initiated execution proceedings on 27.06.2011 to enforce the arbitral award, leading to the issuance of a notice of execution by the Civil Judge, District Court, Bhavnagar.
• The Respondent filed an application for condonation of delay along with the petition under Section 34 of the Arbitration Act before the Single Judge of the Bombay High Court.
• The Single Judge dismissed the application, holding that the Respondent had refused to accept the registered post containing the award and was thus barred by limitation.
• , Aggrieved by the Single Judge’s decision, the Respondent appealed to the Division Bench, which, in its order dated 24.09.2012, condoned the delay, overturned the learned Single Judge's dismissal of the condonation plea, and directed the matter to be considered on merits.
• Hence the present appeal.
  

Main Issue:

• Whether the learned Division Bench was justified in applying Section 5 of the Limitation Act to condone the delay in filing a petition under Section 34(3) of the Arbitration and Conciliation Act, 1996? (Paragraph 5)