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DELHI HIGH COURT
MANMOHAN, NAVIN CHAWLA
Ahluwalia Contracts (India) Ltd. – Appellant
Versus
Ashok Khanna – Respondent
| Table of Content |
|---|
| 1. limitation period commencement for arbitration appeals (Para 1 , 2) |
| 2. arbitration act section 34(3) on limitation (Para 4 , 5) |
| 3. procedures surrounding receipt of the arbitral award (Para 6 , 7) |
| 4. dispute over the date of receipt of the arbitral award (Para 8 , 9) |
| 5. court's reliance on documented evidence for receipt date (Para 10 , 11 , 12 , 13 , 14 , 15 , 17) |
| 6. appellant's failed justification of receipt date discrepancy (Para 16) |
| 7. dismissal of the appeal (Para 18 , 19) |
JUDGMENT
Navin Chawla, J.
The hearing has been conducted through video conferencing.
1. 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. v. Ashok Khanna, dismissing the application 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 p
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 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....
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 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....
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....
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.
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 necessity of delivering a signed copy of the arbitral award to each party to begin the running of the limitation period under Section 34 of the A&C Act.
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