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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SOMASEKHAR SUNDARESAN
Hi Style India Pvt. Limited – Appellant
Versus
Rakesh Corporation – Respondent
JUDGEMENT :
SOMASEKHAR SUNDARESAN, J.
Context and Factual Background:
1. This is a Petition filed under Section 34 of the Arbitration and Conciliation Act, 1996 (“the Act”) impugning an Arbitral Award dated May 9, 2018 (“Impugned Award”) passed by the Learned Sole Arbitrator appointed by the Mumbai Textile Merchants’ Mahajan (“Mahajan”).
2. The Impugned Award essentially directs the Petitioner, Hi Style India Pvt. Limited (“Hi Style”) to pay to the Respondent, Rakesh Corporation (“Rakesh”) a sum of Rs.15,80,895/-. The awarded amount comprises payment of Rs.~11.94/- Lakhs against the bill dated May 28, 2016 along with interest thereon in the sum of Rs.~3.76/- Lakhs until the date of the Impugned Award, and a further sum of Rs.10,500/-being the cost of arbitration.
3. It is seen from the record that the Learned Arbitral Tribunal had given Hi Style multiple opportunities to present its say at hearings – those fixed on July 6, 2017, August 31, 2017, October 26, 2017, December 2, 2017 and February 27, 2018. Hi Style entered appearance on August 31, 2017 and thereafter did not attend any of the hearings. It is also seen from the record that between October 24, 2017 and March 1, 2018, in respe
The challenge to an arbitral award under Section 34 must be filed within three months, with a further extension of only thirty days, beyond which the court lacks jurisdiction to entertain such challe....
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.
The main legal point established in the judgment is the significance of adhering to the prescribed limitation period under the Arbitration Act and the requirement for parties to exercise their rights....
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 period of limitation for filing objections to the Award commences from the date on which the party making the application has received a signed copy of the Arbitral Award in accordance with Secti....
An arbitral award is valid only if signed by a majority of the tribunal, with reasons for any signature omissions provided; limitation for filing objections commences upon receipt of a valid award.
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....
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.
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