ARUN KUMAR JHA
Chandeshwar Kumar – Appellant
Versus
State of Bihar – Respondent
Arun Kumar Jha, J.—Heard Mr. Ajay Kumar Singh learned counsel for the petitioner as well as Mr. P.K. Shahi, learned Advocate General for respondent 2nd set/respondent no.3.
2. The instant petition has been filed by the defendant/petitioner under Article 227 of the Constitution of India for quashing the order dated 21.12.2023 passed by the learned District Judge, Gaya in Civil Miscellaneous (Arbitration) Case No. 139 of 2023 whereby and whereunder the learned District Judge, Gaya admitted the said miscellaneous case.
3. Learned counsel for the petitioner submits that in Civil Misc. (Arbitration) Case No. 139 of 2023, the arbitral award, passed by the Arbitrator-cum-Commissioner, Magadh Division, Gaya on 16.07.2022 in Arbitration Case No. 216 of 2021, directing the competent authority to amend the compensation award, is under challenge. Learned counsel further submits that the award was sent to the petitioner as well as the respondent 2nd set/respondent no.3 vide Letter No. 3165/legal dated 03.08.2022 through registered post. The petitioner received the copy of award within a week and it is presumed that by that time the respondent 2nd set/respondent no.3 must also have received the aw
Mahendra and Mahendra Financial Services Ltd. vs. Maheshbhai Tinabhai Rathod
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 challenging an arbitral award under Section 34(3) of the Arbitration and Conciliation Act, 1996 is strict and non-extendable, emphasizing the need for timely recourse to mai....
The limitation period for setting aside an arbitral award starts from the disposal of a request under Section 33, excluding the time taken for communication of that decision.
Arbitration Act Section 34(3) bars challenges to awards after 3 months + 30 days maximum; courts cannot extend further, ensuring immediate enforceability under Section 36 to minimize judicial interve....
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 statutory limitation period under Section 34(3) of the Arbitration and Conciliation Act is inflexible, and applications filed beyond this period cannot be entertained.
Statutory limitations under Section 34(3) of the Arbitration Act are strict; applications for setting aside arbitral awards cannot be entertained if filed beyond the designated timeframe.
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