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GOUTAM BHADURI, DEEPAK KUMAR TIWARI
Raipur Municipal Corporation Through The Commissioner, Raipur Municipal Corporation, Raipur Chhattisgarh – Appellant
Versus
Associated Software Consultancy – Respondent
JUDGMENT :
Goutam Bhaduri, J.
1. Heard.
2. The present appeal is against the order dated 7.5.2022 in an unregistered M.J.C/2021, whereby, the Commercial Court (District Level), Nava Raipur, Chhattisgarh, has dismissed the appeal preferred by the appellant under Section 34 of the Arbitration and Conciliation Act, 1996 (in short “the Act, 1996”).
3. The brief facts of this case are that an award was passed by the Arbitrator on 7.4.2018. According to the appellant, the said award was received by the appellant on 9.4.2018. Initially, Arb.R. 11/2019 was filed before the High Court on 15.4.2019, which was eventually dismissed as withdrawn vide order dated 15.5.2019 with liberty to file a duly constituted appeal before the Commercial Court at Raipur. Thereafter, an appeal was filed before the Commercial Court at Raipur on 23.7.2021 along with an application under Section 14 read with Section 5 of the Limitation Act, 1963 (in short “the Limitation Act”), which was dismissed.
4. Learned counsel for the appellant would submit that the appellant could not know that the petition preferred before the High Court has been withdrawn and only when the notice of execution was served, they came to know ab
The court emphasized the importance of adhering to the prescribed period for setting aside an award, the exclusion of Section 5 of the Limitation Act, and the court's discretion to condone the delay ....
The 120-day period prescribed under Section 34(3) of the Arbitration and Conciliation Act, 1996 for filing an application to set aside an arbitral award is absolute and unextendible by the court unde....
The main legal point established in the judgment is that the limitation period for challenging an award under Section 34(3) of the Arbitration and Conciliation Act is strict and cannot be extended be....
The period of limitation under the Arbitration and Conciliation Act should exclude non-working days, allowing for sufficient cause extension beyond three months.
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 ....
The prescribed period for filing an application under Section 34 of the Arbitration Act is three months, and the 30-day extension does not constitute part of this period.
The court emphasized the peremptory language of section 34 of the Arbitration and Conciliation Act, 1996, and the requirement for sufficient cause to condone any delay in filing the application.
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....
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