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GURVINDER SINGH GILL
Ram Piari – Appellant
Versus
Ram Transport Finance Company – Respondent
| Table of Content |
|---|
| 1. dispute origin and procedural history. (Para 1 , 2) |
| 2. appellant argues objections within time, cites authority. (Para 3 , 4) |
| 3. court's analysis of service and limitation issues. (Para 5 , 6 , 9) |
| 4. court must focus on limitation, not merits. (Para 10) |
| 5. impugned order set aside; remanded for re-hearing. (Para 11) |
JUDGMENT
Mr. Gurvinder Singh Gill, J. (Oral)
The appellant assails order dated 4.1.2018 passed by learned Additional District Judge, Chandigarh, dismissing objections filed by the appellant under section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to be as 'the Act') against ex parte award dated 3.10.2014 (Annexure A-1).
2. In nutshell, the dispute amongst the parties arose from a loan which the appellant had raised for purchasing a vehicle. Since, the appellant, as per the respondent was found to be defaulter, the arbitration proceedings were invoked wherein the appellant was proceeded against ex parte and an ex parte award dated 3.10.2014 (Annexure A-1) was passed. The appellant upon coming to know about the said ex parte award, filed objections (Annexure A-6) under Section 34 of the Act before the District Judge on 15.1.2015
The limitation period for challenging an arbitral award under Section 34(3) of the Arbitration and Conciliation Act, 1996 is strict and non-extendable, emphasizing the need for timely recourse to mai....
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 unambiguous language of Section 34(3) of the Arbitration and Conciliation Act, 1996 excludes the applicability of Section 5 of the Limitation Act, and delay beyond 30 days after the expiry of the....
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....
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.
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