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PAMIDIGHANTAM SRI NARASIMHA, PANKAJ MITHAL
My Preferred Transformation & Hospitality Pvt. Ltd. – Appellant
Versus
Faridabad Implements Pvt. Ltd. – Respondent
JUDGMENT :
PAMIDIGHANTAM SRI NARASIMHA, J.
| Table of Contents | |
| 1. | Introduction |
| 2. | Facts |
| 3. | Decision of the High Court under Section 34 and Section 37 of the ACA |
| 4. | Submissions |
| 5. | Issues |
| 6. | Applicability of the Limitation Act to ACA |
| 7. | Applicability of the Limitation Act to Section 34(3) |
| i. Section 5 of the Limitation Act | |
| ii. Section 12 of the Limitation Act | |
| iii. Section 14 of the Limitation Act | |
| iv. Section 17 of the Limitation Act | |
| v. Section 4 of the Limitation Act | |
| 8. | Applicability of Section 10 of the GCA |
| 9. | Summarising the Current Position of Law |
| 10. | Highlighting Certain Concerns with the Current Legal Position |
| 11. | Conclusion |
1. Introduction: Leave granted. Facts, to the extent that they are relevant for determining the issue of limitation for filing an application challenging an arbitral award under Section 34 of the Arbitration and Conciliation Act, 19961[Hereinafter “ACA”.] are as follows. The appellants received the arbitral award on 14.02.2022. The 3- month limitation period for filing the applicati
The Limitation Act applies to arbitration proceedings under Section 34 of the ACA, but the condonable period does not extend beyond 30 days when it expires during a court holiday.
Setting aside arbitral award – Computation of limitation period – Benefit of exclusion of period during which Court is closed shall be available when application for setting aside award is filed with....
The limitation period for an application under Section 34 of the Arbitration and Conciliation Act cannot be extended beyond specified timelines, maintaining strict adherence to legal provisions.
Delay beyond 120 days (90+30) in Section 34 petitions or corresponding appeals under Section 37 of Arbitration Act not condonable via Limitation Act Section 5; negligence, inaction, lack of bonafides....
The period for challenging an arbitral award under Section 34 of the Arbitration and Conciliation Act cannot be extended beyond the prescribed period, as the Act is a self-contained special law and t....
The interpretation of 'three months' in Section 34(3) of the Arbitration and Conciliation Act, 1996, is clarified to mean three calendar months, not strictly 90 days.
The court determined that delay in filing a Section 34 application was justifiable due to the appellant's prior bona fide pursuit of a Writ Petition and the impact of COVID-19 on limitation periods.
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