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MANMOHAN, NAVIN CHAWLA
Ahluwalia Contracts (india) Ltd – Appellant
Versus
Ashok Khanna – Respondent
JUDGMENT
Navin Chawla, J. - This is an appeal filed by the appellant challenging the Order dated 07.03.2020 passed by the learned District Judge (Commercial Court) 02, South-East District, Saket, Delhi, in OMP (COMM) 30 of 2018, titled M/s Ahluwalia Contracts (India) Ltd. of the appellant herein filed under Section 34(3) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act ) read with Section 5 of the Limitation Act, 1963, seeking condonation of delay in filing of the application under Section 34 of the Act in challenge to the Arbitral Award dated 02.08.2018 passed by the learned Sole Arbitrator.
2. The controversy, in brief, is the date on which the limitation to file the application under Section 34 of the Act commenced. This dispute is premised on the underlined submission of the appellant that the signed copy of the Arbitral Award was received by the appellant only on 07.09.2018, while it is the case of the respondent, which has also been accepted by the learned District Judge, that the signed copy of the Arbitral Award was supplied to the appellant by the Delhi International Arbitration Centre (hereinafter referred to as the DIAC ), under whose aegis
The period of limitation for filing an application under Section 34 of the Arbitration and Conciliation Act, 1996 commences from the date of receipt of a signed copy of the Arbitral Award by the appl....
The limitation period for challenging an arbitral award under Section 34(3) commences upon actual receipt of the signed award, supported by documented evidence of signature on the date of the award.
The crucial date of receipt of the signed arbitral award determines the period of limitation for challenging an award under Section 34 of the Arbitration and Conciliation Act, 1996.
The calculation of the limitation period under Section 34 of the Arbitration and Conciliation Act, 1996, requires the exclusion of the first day and the reckoning of the three-month period from the d....
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.
The limitation for filing a Section 34 application under the Arbitration and Conciliation Act commences upon receipt of a signed copy of the Arbitral Award, and delivery to a representative suffices ....
The limitation period for filing an application under the Arbitration and Conciliation Act commences upon receipt of a signed copy of the arbitral award, not an uncertified copy.
The delivery of the signed copy of the arbitral award to the party is a crucial stage in the arbitral proceedings, and the limitation period for filing objections commences only from the date of such....
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....
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