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AVINASH G. GHAROTE
Khabar Media Centre – Appellant
Versus
Purshottam – Respondent
JUDGMENT/ORDER
1. On 11/4/2023, the following position was recorded :
"The award dtd. 7/11/2003 was challenged by way of an application under Sec. 34 of the A and C Act on 5/2/2004 in M.C.A. No. 459/2004 by the petitioner. M.C.A. No. 459/2004 came to be dismissed in default on 9/3/2017. The petitioner claims to be unaware of this and upon acquiring the knowledge, on 29/8/2019 an application for restoration with condonation of delay of 2 years 5 months came to be filed, which has been rejected by the impugned order dtd. 16/12/2019 (pg.22). List the matter on 5/4/2023 at the request of the learned counsel for the parties.
3] The preliminary objection raised by Mr.Sharma, learned counsel for the respondents, based upon the principle of merger is that the order dismissing the application under Sec. 34 of the A and C Act in default dtd. 9/3/2017 as well as the order dtd. 16/12/2019 refusing to condone the delay in filing the application for restoration, is an order which would stand merged in the order dismissing the application under Sec. 34 of the A and C Act and therefore, an appeal under Sec. 37(1)(c) of the A and C Act w
The court established that a liberal approach should be adopted in condoning delays in arbitration proceedings to promote substantial justice, particularly when the parties are not required to be pre....
The limitation for filing objections under Section 34 of the Arbitration and Conciliation Act and the applicability of Section 4 of the Limitation Act for condonation of delay.
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 court upheld limitations on condonation applications under the Arbitration and Conciliation Act, emphasizing adherence to statutory timelines.
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 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.
The main legal point established is that the extendable period of 30 days under Section 34 of the Arbitration and Conciliation Act is not the period of limitation, and the benefit of limitation on ac....
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