IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SUNITA AGARWAL, C.J., D.N.RAY
Darshana Bhupendra Parekh – Appellant
Versus
TJSB Sahakari Co-Operative Bank Ltd. – Respondent
JUDGMENT :
SUNITA AGARWAL, C.J.
1. This is an appeal filed under Section 37 of the Arbitration and Conciliation Act’ 1996 (for short, “the Arbitration Act’ 1996” or “the Act’ 1996”).
2. Having heard the learned counsel for the appellant and perused the record, it is noteworthy that the appellant herein was party to the arbitral award rendered on 07.10.2021 in Arbitration Claim Petition No.2 of 2021. A perusal of the arbitral award indicates that the liability, jointly and severally for the outstanding loan was fixed upon the appellant as well as other opposite party, who happens to be the brothers of the appellant on the claim petition filed by the respondent – bank.
3. The application under Section-34 of the Arbitration and Conciliation Act’ 1996 has been filed on 20.01.2026 by the appellant herein, to challenge the award dated 07.01.2021, which was dismissed with the reasoning as follows:-
“4. After going through the submission made by Learned Advocate for the applicant, it is clearly stated that the applicant for the first time, came to know from the proceedings of Commercial Execution Petition No.426 of 2023 arising out of the impugned Award, that there is Award against her. At th
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....
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.
Effective service of an arbitral award must be made directly to the parties involved; service on an employee does not suffice to commence the limitation period.
Compliance with Sec. 31(5) of the Act of 1996 regarding the delivery of the arbitration award to each party is crucial in commencing the period of limitation for filing objections under Sec. 34(3) of....
The court confirmed that compliance with service requirements for an arbitral award can be established through proper postal dispatch and delivery confirmation under Section 31(5) of the Arbitration ....
Execution of an arbitral award requires compliance with the 90-day limitation under Section 34; execution petitions filed before this period are impermissible.
The court established that non-compliance with the mandatory delivery of the arbitral award affects the limitation period for filing an application to set aside the award.
The limitation period for challenging an arbitral award under Sections 31(5) and 34(3) of the Arbitration Act begins upon receipt of a signed copy, making timely receipt crucial for valid appeals.
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 reckoning point for limitation under the Arbitration and Conciliation Act begins only upon the party receiving the signed copy of the arbitral award, not merely upon its delivery to an advocate.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.