IN THE HIGH COURT OF JUDICATURE AT BOMBAY
A.S.CHANDURKAR, RAJESH S.PATIL
Health Care, Medical & General Stores, ] Dadar, Mumbai – Appellant
Versus
Amulya Investment, ] Through Proprietor Mr. Sameer G. Narvekar – Respondent
JUDGMENT :
A.S. Chandurkar, J.
1. Admit. The Arbitration Appeal is taken up for final disposal.
2. This appeal filed under Section 37 of the Arbitration andConciliation Act, 1996 (for short, “Act of 1996”) raises a challenge to the order dated 1st April 2024 passed in Interim Application (Lodging) No.2154 of 2024 (M/s. Health Care, Medical & General Stores and Ors. Vs. M/s. Amulya Investment, through Proprietor Mr. Sameer Gurunath Narvekar and Ors.). By that order, the application seeking condonation of delay in filing the Arbitration Petition under Section 34 of the Act of 1996 has been rejected by holding that the Arbitration Petition was filed beyond the permissible period of three months from passing of the award as well as further period of thirty days as provided under Section 34(3) of the Act of 1996.
3. The facts lie in a narrow compass. The 1st respondent – Amulya Investment, a proprietary firm had business dealings with a partnership firm. Letters dated 15th January 2016 and 7th February 2016 exchanged between the parties contained an arbitration clause. The proprietary firm - Claimant invoked the arbitration clause in the light of disputes arising between it and the appellan
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.
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 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 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....
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 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 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 limitation period for challenging an arbitral award under Section 34 of the Arbitration Act starts from the date of receipt of the award, not from knowledge of later proceedings.
Limitation period for challenging an arbitral award under Section 34 of the Arbitration Act commences from the date of receipt of the signed award, as mandated by Section 31(5), and cannot be extende....
Compliance with Sec. 31(5) of the Act of 1996 regarding the delivery of the arbitration award to each party is crucial in commencing the period of limitation for filing objections under Sec. 34(3) of....
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