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ANIL KSHETARPAL
Parsvnath Developers Ltd. – Appellant
Versus
Wisecan Engineering Pvt. Ltd. – Respondent
JUDGMENT :
ANIL KSHETARPAL, J.
1. Through this appeal filed under Section 37 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as ‘A&C Act’), the appellant assails the correctness of the order dated 12.11.2020 passed by the learned Additional District Judge while dismissing the application seeking condonation of delay in filing the petition u/s 34 of A& C Act.
The Facts:-
2. Some skeleton facts are required to be noticed. In this case, the sole Arbitrator commenced the proceedings under A&C Act in view of a reference made by the Micro and Small Enterprises Facilitation Council,(hereinafter referred to as 'the Council) in exercise of the powers conferred under Section 18 of the Micro Small and Medium Enterprises Development Act, 2006 (hereinafter referred to as the ‘MSMED Act 2006’) The Arbitrator, after reserving on 24.09.2018, pronounced the award on 27.09.2018. A photocopy of the award is available on the record requisitioned from the Court. On careful perusal thereof, it becomes apparent that a copy of the award was received by one person on 29.09.2018. Learned counsel representing the respondent submits that he has received a copy of the award. There is no endo
The necessity of delivering a signed copy of the arbitral award to each party to begin the running of the limitation period under Section 34 of the A&C Act.
The limitation period for challenging an arbitral award under Section 34 of the Arbitration & Conciliation Act, 1996, commences only from the date the aggrieved party receives a signed copy of the aw....
The limitation period for challenging an arbitral award under Sections 31(5) and 34(3) of the Arbitration Act begins upon receipt of a signed copy, making timely receipt crucial for valid appeals.
The main legal point established in the judgment is that the receipt of a signed copy of an arbitral award, as required under Section 31(5) of the Arbitration and Conciliation Act, 1996, triggers the....
The delivery of the signed copy of the arbitral award to the party is a crucial stage in the arbitral proceedings, and the limitation period for filing objections commences only from the date of such....
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Effective service of an arbitral award must be made directly to the parties involved; service on an employee does not suffice to commence the limitation period.
The court ruled that statutory timelines under the Arbitration and Conciliation Act are strict and failure to properly file within these limits results in dismissal as barred by limitation.
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.
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