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SANJEEV NARULA
Road Construction Department, Bihar – Appellant
Versus
Bla-S &p (JV) – Respondent
JUDGMENT
Sanjeev Narula, J. -
I.A. No. 3850/2021 (for delay 65 days in filing the petition) & I.A. No. 3851/2021 (for delay of 166 days in re-filing the petition)
1. By way of the afore-noted applications, the Petitioner seeks condonation of delay in filing and re-filing of the objection petition under Section 34 of the Arbitration and Conciliation Act, 1996 [hereinafter referred to as the Act ] assailing the impugned Arbitral Award dated 1st October, 2019 passed by the Arbitral Tribunal comprising of (i) Mr. A.K. Yadav [presiding Arbitrator], (ii) Mr. R.N. Goel, and (iii) Mr. B.D. Joshi [being the other two member Arbitrators]. The Arbitral Tribunal pronounced the majority Award [2:1] on 1st October, 2019, whereby the claims of the Respondent were allowed. One of the members to the Tribunal, Mr. B.D. Joshi, did not sign the impugned Award.
2. Mr. Keshav Mohan, learned counsel for the Petitioner states that the period of limitation under Section 34(3) of the Act would commence only when a valid Arbitral Award is made. In the instant case, the Arbitral Award dated 1st October, 2019 is not a valid or executable Award on account of being in violation of Section 31 of the Act, and theref
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.
(1) Petition against arbitral award – Commencement of period of limitation – Period of limitation prescribed for filing objections would commence only from date when signed copy of award is delivered....
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.
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 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 Court emphasized the importance of due diligence and dispatch in exercising the right to challenge an Arbitral Award within the prescribed time, as per the provisions of the Arbitration Act.
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....
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....
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