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MANINDRA MOHAN SHRIVASTAVA, SAMEER JAIN
Jiauddin Ansari S/o Zaheeruddin Ansari – Appellant
Versus
Matsya Fincap Pvt. Ltd. – Respondent
JUDGMENT :
1. Heard.
2. This appeal arises out of order dated 08.07.2022 passed by the Court of Commercial Judge, Alwar whereby, the application under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as ‘the Act of 1996’) has been dismissed as barred by limitation.
3. Learned counsel for the appellant would argue that even though sufficient cause was shown, the learned Commercial Court has dismissed the application as barred by limitation ignoring the cause shown by the appellant.
4. The Commercial Court holding that the appeal being barred by limitation and was filed beyond the maximum period, which could not be condoned under the provisions of Section 34 (3) of the Act of 1996, has dismissed the appeal.
5. The Hon’ble Supreme Court in the case of Chintels India Limited Versus Bhayana Builders Private Limited, (2021) 4 Supreme Court Cases 602 held as below:-
Point of Law : Even if the period of delay is considered to be of 21 days. Since Section 34(3) of the Act, 1996 bars condonation of delay beyond the period of 30 days after the period of 3 months is ....
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....
The court emphasized the importance of adhering to the prescribed period for setting aside an award, the exclusion of Section 5 of the Limitation Act, and the court's discretion to condone the delay ....
The court emphasized the peremptory language of section 34 of the Arbitration and Conciliation Act, 1996, and the requirement for sufficient cause to condone any delay in filing the application.
The main legal point established in the judgment is that the limitation period for challenging an award under Section 34(3) of the Arbitration and Conciliation Act is strict and cannot be extended be....
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....
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