Back
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RANJAN SHARMA
National Highway Authority of India – Appellant
Versus
Salochana Vidya – Respondent
JUDGMENT :
Ranjan Sharma, J.
OMP(M) No.116 of 2024
National Highway Authority of India, being the applicant, has filed the instant application under Section 5 of the Limitation Act seeking condonation of 289 days of delay in filing the accompanying Arbitration Appeal under Section 37 of the Arbitration and Conciliation Act, 1996 (yet to be registered, with filing No. ARB. A. 19789/2024); assailing order/judgment dated 31.05.2023 [Annexure A-1], [referred to as the Impugned Order], passed by Learned District Judge, Kullu, dismissing the application, CMP No. 24 of 2023 filed in Section 34 proceedings, titled as National Highways Authority of India versus Smt. Salochna Vaidya & Ors., wherein, the belated challenge to the Award passed by the Learned Arbitrator was held as non-entertainable, being time-barred.
FACTUAL MATRIX SETUP BY APPLICANT-NHAI:
2. Applicant, National Highway Authority of India, has set up a case that consequent upon the initiation of the land acquisition proceedings, Learned Divisional Commissioner Mandi, being the Arbitrator passed an Award No 1103/2017 on 30.07.2022. Feeling aggrieved, NHAI assailed the Award dated 30.07.2022 before Learned District Judge, Kullu, thou
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....
Setting aside or refusing to set aside arbitral award under Section 34 of Act and an appeal lies where an order is passed under Section 34.
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 limitation period for an application under Section 34 of the Arbitration and Conciliation Act cannot be extended beyond specified timelines, maintaining strict adherence to legal provisions.
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
