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ARIF S. DOCTOR
In the matter between Mumbai Metropolitan Region Development Authority – Appellant
Versus
Mumbai Metro One Pvt. Ltd. – Respondent
ORDER :
1. The present Interim Application seeks condonation of delay of a period of 14 days in filing the captioned Commercial Arbitration Petition under Section 34 of the Arbitration and Conciliation Act 1996 (“Arbitration Act”).
2. Mr. Sen, Learned Senior Counsel appearing on behalf of the Applicant submitted that the arbitration proceedings between the Applicant and the Respondent culminated in the passing of an Arbitral Award dated 29th August 2023 (“Arbitral Award”) after which both, the Applicant and Respondent filed Applications under Section 33(1) [Correction and interpretation of award; additional award: (1) Within thirty days from the receipt of the arbitral award, unless another period of time has been agreed upon by the parties: (a) a party, with notice to the other party, may request the arbitral tribunal to correct any computation errors, any clerical or typographical errors or any other errors of a similar nature occurring in the award; (b) if so agreed by the parties, a party, with notice to the other party, may request the arbitral tribunal to give an interpretation of a specific point or part of the award] of the Arbitration Act inter alia requesting the Tribunal t
The limitation period for challenging an arbitral award commences upon receipt of a signed order, not an unsigned draft, emphasizing strict adherence to statutory timelines.
Scanned signed copy of the award/order of the Arbitral Tribunal to the parties would be a valid delivery as envisaged under Section 31(5) of the Arbitration and Conciliation Act, 1996.
The court ruled that statutory timelines under the Arbitration and Conciliation Act are strict and failure to properly file within these limits results in dismissal as barred by limitation.
An application to set aside an arbitral award must adhere strictly to procedural requirements, failing which it may be deemed non-est, thereby barring the challenge by limitation.
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....
Filing requirements under Section 34 of the Arbitration Act must be strictly adhered to; failure to do so renders filings non est and unable to stop limitation periods from running.
The main legal point established in the judgment is that the applicants were entitled to the benefit of the amendment made to Section 34 of the Arbitration and Conciliation Act, 1997, and that the de....
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