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2023 Supreme(SC) 905

SANJIV KHANNA, M. M. SUNDRESH
USS Alliance – Appellant
Versus
State of Uttar Pradesh – Respondent


Advocates Appeared:
Mr. Anurag Kishore, Advocate, Mr. Manish Mani Sharma, Advocate, Ms. Namni Bhutoria, Advocate, for the Appellant.

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

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