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SANJIV KHANNA, M. M. SUNDRESH
USS Alliance – Appellant
Versus
State of Uttar Pradesh – Respondent
ORDER
1. This Court in SLP (C) No. 20195/2017 titled 'M/S Ved Prakash Mithal and Sons Vs. Union of India' decided on 08.08.2018 has interpreted Section 34 (3) with reference to Section 33 of the Arbitration and Conciliation Act, 1996 [For short, 'Act'.], to hold that the disposal of an application under Section 33 of the Act would be the starting point for limitation. This decision was in the context of an application moved by one of the parties before the arbitral tribunal under Section 33 of the Act. In the present case, the arbitral tribunal in terms of powers given under sub-section (3) of Section 33 of the Act had on its own initiative made corrections in the award dated 18.04.2018, vide the award dated 05.05.2018. The suo-moto corrections in terms of sub-section (3) of Section 33 of the Act can be made within a period of 30 days from the date of arbitral award.
2. In our opinion, looking at the purpose and object behind Section 34 (3) of the Act, which is to enable the parties to study, examine and understand the award, thereupon, if the party chooses and is advised, draft and file objections within the time specified, the starting point for the limitation in case of suo-moto c
Once an arbitral award has been amended or corrected, it is the corrected award which has to be challenged and not the original award.
The limitation period for setting aside an arbitral award starts from the disposal of a request under Section 33, excluding the time taken for communication of that decision.
The limitation for setting aside an arbitral award begins from the date of receipt of the award, not from the rejection of an application under S.33.
The main legal point established in the judgment is that an application for correction of an award must fall within the parameters of Section 33 (1) of the Arbitration and Conciliation Act, 1996, and....
The limitation period for setting aside an arbitral award under the Arbitration and Conciliation Act begins from the disposal date of a correction application and not from the award's date, affirming....
The calculation of the limitation period under Section 34 of the Arbitration and Conciliation Act, 1996, requires the exclusion of the first day and the reckoning of the three-month period from the d....
The main legal point established in the judgment is that the limitation for filing an application under section 34 of the Arbitration and Conciliation Act, 1996 should start running from the date whe....
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