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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
ANU SIVARAMAN, VIJAYKUMAR A. PATIL
Union Of India, Represented By The Chief Engineer (Air Force) – Appellant
Versus
Inderjit Mehta Construction Pvt. Ltd. – Respondent
| Table of Content |
|---|
| 1. timeliness of section 34 application under arbitration act (Para 2 , 3) |
| 2. arguments on signed copy of the award's delivery (Para 4 , 5 , 6 , 7) |
| 3. signing of arbitral award is mandatory for validity (Para 8 , 10 , 11 , 12) |
| 4. limitation period starts upon receipt of signed award (Para 14 , 15 , 16) |
| 5. court upheld the commercial court's findings and dismissed the appeal (Para 19 , 20) |
JUDGMENT :
ANU SIVARAMAN, J.
This appeal is filed under Section 13 (1-A) of the Commercial Courts Act, 2015, preferred against an order dated 18.07.2024 passed in Com.AP No.13/2024 by LXXXV Additional City Civil and Sessions Judge (CCH-86) ('Commercial Court') in an application filed under Section 34 of the Arbitration and Conciliation Act, 1996 ('Arbitration Act' for short).
2. We have heard Shri. H. Shanthibhushan, learned Deputy Solicitor General of India (DSGI) appearing for the appellant as well as Smt. Princy Ponnan, learned counsel appearing for the respondent.
3. The learned DSGI submits that the application filed by the appellant under Section 34 of the Arbitration Act before the Commercial Court has been rejected on the ground that it was filed beyond the time provided under
The limitation period for filing an application under the Arbitration and Conciliation Act commences upon receipt of a signed copy of the arbitral award, not an uncertified copy.
Limitation for setting aside an arbitral award commences on receipt of a signed copy; photocopies satisfy statutory requirements under modern arbitration practices.
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....
The period of limitation for filing an application under Section 34 of the Arbitration and Conciliation Act, 1996 commences from the date of receipt of a signed copy of the Arbitral Award by the appl....
The necessity of delivering a signed copy of the arbitral award to each party to begin the running of the limitation period under Section 34 of the A&C Act.
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(3) commences upon actual receipt of the signed award, supported by documented evidence of signature on the date of the award.
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....
The issue of stamping and executability of an Award should be determined at the execution stage, not under section 34 of the Arbitration and Conciliation Act, 1996.
Arbitral Award – Limitation – S. 34(3) specifically states that an application for setting aside may not be made after three months have lapsed from date of which party making an application had rece....
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