Back
J. B. PARDIWALA, K. V. VISWANATHAN
Motilal Agarwala – Appellant
Versus
State of West Bengal – Respondent
| Table of Content |
|---|
| 1. overview and background of the appeal. (Para 1 , 2) |
| 2. time limitation aspect of section 34 application. (Para 3 , 4) |
| 3. high court's reasoning and interpretation of 'party'. (Para 5 , 6) |
| 4. 'party' requirement for arbitration communications. (Para 12 , 20 , 21) |
| 5. importance of correct delivery of the arbitral award. (Para 22 , 25) |
| 6. dismissal of appeal and directive for speedy hearing. (Para 27 , 28) |
ORDER :
1. This appeal arises from the judgment and order passed by the High Court at Calcutta (Civil Appellate Jurisdiction), dated 01.03.2016, in F.M.A. No. 4576/2015, by which the order passed by the District Court in Miscellaneous Case No.12/2014, came to be set aside thereby holding that the Section 34 application, preferred by the State against the arbitral award, was time-barred.
2. We need not delve much into the facts of this litigation as we are in a position to affirm the impugned judgment and order passed by the High Court on a neat question of law.
3. Here is a case in which an arbitral award came to be passed in favour of the appellant herein dated 12.11.2013. The State having suffered an award challenged the same invoking Section 34 of the Arbitration an
The court established that non-compliance with the mandatory delivery of the arbitral award affects the limitation period for filing an application to set aside the award.
The limitation period for challenging an arbitral award under Section 34 of the Arbitration & Conciliation Act, 1996, commences only from the date the aggrieved party receives a signed copy of the aw....
![Health Care, Medical & General Stores, ] Dadar, Mumbai Vs Amulya Investment, ] Through Proprietor Mr. Sameer G. Narvekar - 2025 Supreme(Bom) 98](https://supremetoday-s3.b-cdn.net/Bombay_1.png)
Effective service of an arbitral award must be made directly to the parties involved; service on an employee does not suffice to commence the limitation period.
Limitation for setting aside an arbitral award commences on receipt of a signed copy; photocopies satisfy statutory requirements under modern arbitration practices.
The reckoning point for filing an application for setting aside an arbitral award is the date of receipt of the signed copy, not merely the signing, with strict requirements for delivery under the Ar....
The limitation period for challenging an arbitral award under Sections 31(5) and 34(3) of the Arbitration Act begins upon receipt of a signed copy, making timely receipt crucial for valid appeals.
The reckoning point for limitation under the Arbitration and Conciliation Act begins only upon the party receiving the signed copy of the arbitral award, not merely upon its delivery to an advocate.
The delivery of a signed copy of an arbitral award under Section 31(5) of the Arbitration Act is essential for initiating limitation periods, but actual knowledge and acknowledgment of the award by a....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
