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PRAKASH GUPTA, PANKAJ BHANDARI
Manish Mohan Lal Thakkar – Appellant
Versus
Au Financiers (India) Limited – Respondent
ORDER
Pankaj Bhandari, J. - The appellants have preferred the instant appeal aggrieved by the order dated 13.02.2019 passed by the Commercial Court No.3, Jaipur Metropolitan, whereby the objection application filed under Section 34 of the Arbitration and Conciliation Act, 1996 (for short "the Act") rejected on the ground of limitation.
2. It is contended by the counsel for the appellants that the award in question was passed by the arbitrator on 14.10.2013.The appellants were not provided with the copy of the award. It is also contended that on 23.07.2014, the appellants came to know about passing of the award when the notice for attachment of movable and immovable property, filed in Execution Application No.509/2014 was received by the father of the appellants. It is further contended that the application under Section 34 of the Act was filed within the time prescribed and since the copy of the award was not served on the appellants, the effective date for filing of the objection would start from the date when the appellants got knowledge of passing of the award.
3. Counsel for the appellants has placed reliance on Union of India Versus Teeco Trichy Engineers and Contractors: (2005)
The presumption of service of a registered post under the Indian Evidence Act and General Clauses Act is crucial in determining the limitation period for filing objections to an arbitration award.
The calculation of the limitation period under Section 34 of the Arbitration and Conciliation Act, 1996, requires the exclusion of the first day and the reckoning of the three-month period from the d....
Statutory limitations under Section 34(3) of the Arbitration Act are strict; applications for setting aside arbitral awards cannot be entertained if filed beyond the designated timeframe.
The crucial date of receipt of the signed arbitral award determines the period of limitation for challenging an award under Section 34 of the Arbitration and Conciliation Act, 1996.
The period of limitation for filing an application under Section 34 of the Arbitration and Conciliation Act, 1996 commences from the date of receipt of a signed copy of the Arbitral Award by the appl....
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 Section 34(3) commences upon actual receipt of the signed award, supported by documented evidence of signature on the date of the award.
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