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AJAY MOHAN GOEL
State of Himachal Pradesh – Appellant
Versus
Chander Shekhar (deceased) through his LRs. Sandeed Sood – Respondent
JUDGMENT :
Ajay Mohan Goel, J.
By way of this application, prayer has been made by the applicants for condonation of delay in filing the Objection Petition under Section 34 of the Arbitration and Conciliation Act against the award passed by the learned Arbitrator, dated 07.10.2019.
2. Brief facts necessary for the adjudication of this application are that learned Arbitrator has passed an award in a Claim Petition filed by the nonapplicant (Chander Shekhar). This award was announced on 07.10.2019. The signed copy of the said award was received by the applicants on 22.10.2019. Alongwith petition filed under Section 34 of the Arbitration and Conciliation Act assailing the award, application has been filed under Section 34 (3) of the said Act praying for condonation of delay in filing the Objection Petition.
3. As already mentioned hereinabove, the signed copy of the award was received by the applicants on 22.10.2019, but the petition alongwith the application for condonation of delay was initially filed in the Registry of this Court on 06.04.2022.
4. In terms of the provisions of Section 34 (3) of the Arbitration and Conciliation Act, the Objections under Section 34 of the Arbitration and
The limitation for filing objections under Section 34 of the Arbitration Act begins from the date a related application is disposed of, not just from receipt of the award.
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....
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 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 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 main legal point established in the judgment is that a filing can be considered as 'Non-est' only if it is filed without any signatures of either the party or its authorised counsel, and that the....
Statutory time limits for filing objections under Arbitration Act are strict and must be adhered to; extensions are not granted without valid cause.
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