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AVNEESH JHINGAN
Romesh Power Products Pvt. Ltd. – Appellant
Versus
Uttar Haryana Bijli Vitran Nigam Ltd. – Respondent
AVNEESH JHINGAN, J.
1. Aggrieved of dismissal of objections under Section 34 of the Arbitration and Conciliation Act, 1996 (for short, 'the Act'), the appellant is in appeal under Section 37 of the Act.
2. The brief facts are that the dispute between the parties was referred to an arbitrator which culminated in ex-parte award dated 15.7.2010. During execution proceedings, in January, 2011 the appellant gained knowledge of the ex-parte award and filed objection in the execution petition. On 19.4.2012, objections under Section 34 of the Act accompanied with an application for condoning delay of 643 days was filed. The application for condonation of delay was dismissed on 2.4.2014. The court held that Section 5 of the Limitation Act is not applicable, hence the present appeal.
3. Learned counsel for the appellant submits that the delay was unintentional. The appellant came to know of the ex-parte award in January, 2011 and on receiving copy of award filed objections in the execution petition. It is contended that the appellant after pursuing objections in execution petition, filed application under Section 34 of the Act.
4. Learned counsel for respondent No. 1 defends the impugned order.
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....
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 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 strict timelines for filing objections under the Arbitration and Conciliation Act, 1996, preclude any condonation of delay beyond the specified limits, as established by precedent.
The court's decision was influenced by the interpretation of the period of limitation under Section 34 of the Arbitration & Conciliation Act, 1996, as established by the judgment of the Supreme Court....
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 timelines for filing objections under Section 34 of the Arbitration and Conciliation Act are strict, and delays beyond the statutory periods cannot be condoned by courts, reaffirmed by Supreme Co....
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