V.B.RAJU
HASANALLI ABDULAALLI MALABARI – Appellant
Versus
SHANTILAL BHAIDAS MARFATIA – Respondent
( 1 ) CIVIL Judge Junior Division Surat dismissed an application to set aside an award on the ground of limitation namely on the ground that the application was filed after 30 days from the date on which the parties had notice of the filing of the award.
( 2 ) UNDER Article 158 of the First Schedule to the Limitation Act the period of limitation to set aside an award under the Arbitration Act 1940 or to get an award remitted for reconsideration is thirty days from the date of service of the notice of filing of the award. Section 14 (2) of the Arbitration Act 1940 which will hereinafter be referred to as the Act reads as follows :-THE arbitrators or umpire shall at the request of any party to the arbitration agreement or any person claiming under such party or if so directed by the Court and upon payment of the fees and charges due in respect of the arbitration and award and of the costs and charges of filing the award cause the award or a signed copy of it together with any depositions and documents which may have been taken and proved before them to be filed in Court and the Court shall thereupon give notice to the parties of the filing of the award.
( 3 ) IN the ins
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