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DELHI HIGH COURT
VIBHU BAKHRU
Vidhur Bhardwaj – Appellant
Versus
Horizon Crest India Real Estate – Respondent
| Table of Content |
|---|
| 1. challenge to arbitral award under a&c act. (Para 1 , 2) |
| 2. liability exclusions under bsa. (Para 3 , 24) |
| 3. limitation period for filing under a&c act. (Para 4 , 5 , 6 , 8 , 12 , 21) |
| 4. timing for limitation extension views. (Para 11 , 30) |
| 5. implications of filing section 33 application. (Para 14 , 15 , 18 , 19) |
| 6. rejection of claims based on limit and merit. (Para 37 , 48 , 49) |
JUDGMENT
Vibhu Bakhru, J. The petitioner has filed the present petition under Section 34 of the Arbitration and Conciliation Act, 1996 (hereafter `the A&C Act') impugning an arbitral award dated 02.07.2019 rendered by an Arbitral Tribunal comprising of three arbitrators (hereafter `the Arbitral Tribunal').
2. The disputes between the parties, essentially, arise from the Binding Settlement Agreement dated 05.04.2016 (hereafter `the BSA'). By the impugned award, the Arbitral Tribunal has awarded damages quantified at Rs.4,795,079,144/-; costs quantified at Rs.59,829,209/-; and interest on the awarded amounts at the rate of 8% per annum from the date of the award till the date of payment, in favour of respondent nos. 1 to 6.
3. The petitioner claims that the impugned award to the extent it m
An application challenging an arbitral award under Section 34 of the Arbitration and Conciliation Act must be filed within three months of receiving the award, extendable by thirty days only if suffi....
The main legal point established in the judgment is the interpretation and application of Section 34(3) of the Arbitration and Conciliation Act, 1996, which governs the period of limitation for filin....
Filing requirements under Section 34 of the Arbitration Act must be strictly adhered to; failure to do so renders filings non est and unable to stop limitation periods from running.
Arbitration Act Section 34(3) bars challenges to awards after 3 months + 30 days maximum; courts cannot extend further, ensuring immediate enforceability under Section 36 to minimize judicial interve....
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.
The court upheld limitations on condonation applications under the Arbitration and Conciliation Act, emphasizing adherence to statutory timelines.
An application under Section 33 for correction of an arbitral award cannot extend the limitation period for challenging that award under Section 34 if it seeks a substantive review.
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....
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