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J. B. PARDIWALA, K. V. VISWANATHAN
Geojit Financial Services Ltd. – Appellant
Versus
Sandeep Gurav – Respondent
| Table of Content |
|---|
| 1. introduction and procedural aspects of the case. (Para 1 , 2 , 3 , 4) |
| 2. appellant's contention regarding limitation and interpretation of section 33. (Para 5 , 6 , 7 , 8) |
| 3. clarification about section 34(3) and its implications on limitation. (Para 9 , 10 , 11 , 12 , 13 , 14 , 15) |
| 4. court's endorsement of essentiality of the date of disposal for limitation. (Para 17 , 18 , 19) |
| 5. interplay between sections 33 and 34(3) on limitation. (Para 20 , 21 , 22 , 23 , 24) |
| 6. clarification of misinterpretation of procedures concerning section 33 applications. (Para 25 , 26 , 28 , 29 , 30 , 31 , 32 , 33) |
| 7. final conclusions and outcomes of the appeal. (Para 35 , 36 , 37 , 38) |
ORDER :
1. Leave granted.
2. The respondent although served with the notice issued by this Court yet has chosen not to remain present before this Court either in-person or through an advocate and oppose this appeal.
3. This appeal arises from the order passed by the High Court of Judicature at Bombay dated 12.02.2021 in Appeal No. 67 of 2019 by which the appeal filed by the appellant herein under Section 37 of the Arbitration and Conciliation Act, 1996 (for short the “1996 Act”) came to be dismissed on the g
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 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....
The limitation period for challenging an arbitral award under Section 34(3) of the Arbitration and Conciliation Act, 1996 is strict and non-extendable, emphasizing the need for timely recourse to mai....
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 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.
An application under Section 33 for correction of an arbitral award cannot extend the limitation period for challenging that award under Section 34 if it seeks a substantive review.
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