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RAJEEV RANJAN PRASAD, SHAILENDRA SINGH
Union of India – Appellant
Versus
Mahnar Infratech Pvt. Ltd. – Respondent
Rajeev Ranjan Prasad, J.—Heard Mr. Alok Kumar Agrawal, learned counsel for the appellant and Mr. Manish Sahay, learned counsel for the claimant-respondent.
2. The present appeal has been preferred for setting aside the order dated 04.07.2024 passed by learned District Judge, Saran at Chapra (hereinafter ‘the learned court’) in Miscellaneous Arbitration Case No. 05 of 2022 (hereinafter referred to as the ‘impugned order’).
3. By the impugned order, the learned court has been pleased to reject the application preferred by the appellant under Section 34 (1) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the ‘Act of 1996’ or ‘1996 Act’) challenging the part of the arbitral award dated 12.05.2022 and additional award dated 08.08.2022. The dismissal of the application is solely based on the ground of limitation.
4. The learned court took a view that as per Section 34 (3) of the Act of 1996, the maximum period of limitation for filing an application for setting aside an award is three months, delay may be condoned only for a period of 30 days, but not thereafter. The learned court found that the arbitral award was passed on 12.05.2022 but the application for settin
The limitation period for setting aside an arbitral award under the Arbitration and Conciliation Act begins from the disposal date of a correction application and not from the award's date, affirming....
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.
The interpretation of 'three months' in Section 34(3) of the Arbitration and Conciliation Act, 1996, is clarified to mean three calendar months, not strictly 90 days.
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....
Point of Law : Even if the period of delay is considered to be of 21 days. Since Section 34(3) of the Act, 1996 bars condonation of delay beyond the period of 30 days after the period of 3 months is ....
Applications under Section 34 of the Arbitration and Conciliation Act cannot be filed beyond the specified period, emphasizing judicial minimalism in arbitration proceedings.
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