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IN THE HIGH COURT OF DELHI AT NEW DELHI
SUDESH HANS – Appellant
Versus
GIAN CHAND HANS AND ANR – Respondent
JUDGMENT :
MANOJ KUMAR OHRI, J.
1. The present petition has been filed under Section 34 of the Arbitration and Conciliation Act 1996 (hereinafter, referred to as the "A&C Act") challenging the Award dated 29.12.2023 (hereinafter the “impugned award”). The petition is accompanied by an application for condonation of delay of 63 days in re-filing of the petition.
2. At the outset, the respondents have objected to the maintainability of the present petition on the ground of delay by asserting that it is beyond the condonable period prescribed under Section 34 (3) of the A&C Act. In view of this preliminary objection, the Court has heard the learned counsel for the parties at length on the said aspect.
3. Learned counsel for the respondents submits that the present petition deserves to be dismissed inasmuch as the initial filing on 28.03.2024, though within the limitation period of 3 months from the award dated 29.12.2023, lacked the requisite documents to constitute a proper filing as the same was not accompanied by a copy of the award, rendering the filing non-est, with the defects being non-curable. The petition, as first filed on 28.03.2024 with only 36 pages, was missing inter alia, i
The failure to file essential documents alongside a Section 34 application renders the filing 'non-est', thus failing to stop the limitation period, leading to dismissal of the petition.
An application to set aside an arbitral award must adhere strictly to procedural requirements, failing which it may be deemed non-est, thereby barring the challenge by limitation.
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The law of limitation aims to prevent outdated, fictitious, or fraudulent claims and requires parties to exercise their rights within the prescribed time. The Court emphasized the need for due dilige....
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.
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.
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.
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