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IN THE HIGH COURT OF DELHI AT NEW DELHI
DELHI METRO RAIL CORPORATION LTD. – Appellant
Versus
HCC SAMSUNG JV – Respondent
| Table of Content |
|---|
| 1. overview of contract and award (Para 1 , 2 , 3) |
| 2. arguments on limitation and nature of application (Para 4 , 5) |
| 3. legal standards for section 33 and 34 limitations (Para 6 , 8 , 12 , 13 , 14 , 15 , 16 , 19) |
| 4. interpretation of section 33 applications (Para 7 , 9 , 10 , 11 , 18) |
| 5. conclusion: petition dismissed as barred by limitation (Para 20) |
JUDGMENT :
SUBRAMONIUM PRASAD, J.
1. The Petitioner has filed this petition under Section 34 of the Arbitration & Conciliation Act, 1996 challenging an Award dated 23.02.2024 passed in favour of the Respondent, specifically with respect to Claim No.1, 2, 3 & 6 whereby the Respondent was awarded a sum of Rs.60,28,15,579/-.
2. The brief facts giving rise to the present petition are as follows:-
i. On 30.08.2012, notice inviting tender was issued by the Petitioner for design, construction of tunnels from Ch. (-) 830.912 near Janakpuri West underground station to Palam underground metro station (excluding Ch. (+) 4591.630) by shield TBM; Janakpuri West, Dabri Mor and Dashrath Puri underground metro stations by cut and cover method and works in connection with interchange facilities between existing elevated metro stations and propo
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 that an application for correction of an award must fall within the parameters of Section 33 (1) of the Arbitration and Conciliation Act, 1996, and....
The limitation period for setting aside an arbitral award under the Arbitration and Conciliation Act begins from the disposal date of a correction application and not from the award's date, affirming....
The period for challenging an arbitral award under Section 34 of the Arbitration and Conciliation Act cannot be extended beyond the prescribed period, as the Act is a self-contained special law and t....
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 limitation period for challenging an arbitral award under Section 34(3) of the Arbitration and Conciliation Act, 1996 is strict and non-extendable, emphasizing the need for timely recourse to mai....
The interpretation of 'three months' in Section 34(3) of the Arbitration and Conciliation Act, 1996, is clarified to mean three calendar months, not strictly 90 days.
The limitation period for setting aside an arbitral award starts from the disposal of a request under Section 33, excluding the time taken for communication of that decision.
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