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IN THE HIGH COURT OF DELHI AT NEW DELHI
Navin Chawla, Ravinder Dudeja
Kiran Suran – Appellant
Versus
Satish Kumar – Respondent
JUDGMENT :
NAVIN CHAWLA, J.
1. This appeal has been filed by the appellant under Section 13 of the Commercial Courts Act, 2015 read with Section 37 of the Arbitration and Conciliation Act, 1996 (in short, ‘A&C Act’), challenging the Order dated 18.10.2024 (hereinafter referred to as ‘Impugned Order’) passed by the District Judge (Commercial Court- 01) East District Karkardooma Courts, Delhi (hereinafter referred to as the ‘learned Trial Court’) in OMP (COMM) No. 11/2022, titled Kiran Suran v. Satish Kumar & Ors. (hereinafter referred to as ‘Section 34 Petition’), whereby, the learned Trial Court has dismissed the application filed by the appellant herein under Section 34(3) of the A&C Act seeking condonation of delay of 287 days in filing the said Section 34 Petition.
Case of the Appellant:
2. The appellant, on or around 18.04.2022, had filed the above mentioned Section 34 petition challenging the Arbitral Award dated 03.06.2019 passed by a learned Sole Arbitrator (hereinafter referred to as the ‘Impugned Award’).
3. The learned Sole Arbitrator had been appointed by this Court vide its Order dated 16.10.2005 passed on an application filed under Section 11 of the A&C Act by Late Shri N.K
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 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 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....
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.
The limitation period for challenging an arbitral award under Section 34 of the Arbitration Act starts from the date of receipt of the award, not from knowledge of later proceedings.
Limitation period for challenging an arbitral award under Section 34 of the Arbitration Act commences from the date of receipt of the signed award, as mandated by Section 31(5), and cannot be extende....
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....
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