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A. BADHARUDEEN
Mathew P J, S/o. Joseph P J – Appellant
Versus
Cholamandalam Investment And Finance Co Ltd. – Respondent
JUDGMENT
Arb.Appeal No.26 of 2023
This appeal arose out of O.P.(Arbitration) No.749/2019 on the files of the District Court, Kozhikode, challenging dismissal of the above original petition by the District Judge, Kozhikode. Appellants are the original petitioners in the Original Petition. C.M.Appl.No.1 of 2023
This is a petition filed under Section 5 of the Limitation Act for condoning delay of 1306 days in filing the Arbitration Appeal.
2. Heard the learned counsel for the appellants on admission. The learned counsel pressed for condonation of delay of 1306 days in filing the appeal and admission of this appeal for hearing.
3. The reasons stated in the affidavit in support of the petition to condone the delay are as under:
3.
The main legal point established in the judgment is that when a special statute provides a specified period of limitation, Section 5 of the Limitation Act has no application, and challenges against a....
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.
The judgment establishes the strict interpretation and application of the limitation period under Section 34(3) of the Arbitration Act, emphasizing the requirement for sufficient cause and the mandat....
Delay beyond 120 days (90+30) in Section 34 petitions or corresponding appeals under Section 37 of Arbitration Act not condonable via Limitation Act Section 5; negligence, inaction, lack of bonafides....
The main legal point established is that the extendable period of 30 days under Section 34 of the Arbitration and Conciliation Act is not the period of limitation, and the benefit of limitation on ac....
The limitation for filing objections under Section 34 of the Arbitration and Conciliation Act and the applicability of Section 4 of the Limitation Act for condonation of delay.
The court emphasized the strict timelines prescribed in the Arbitration and Conciliation Act and the Limitation Act, and held that delays beyond the statutory periods cannot be condoned.
Technical faults in online filing excuse delay in arbitration appeals; condonation warranted despite Limitation Act inapplicability.
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