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SHEKHAR B. SARAF
Sudha – Appellant
Versus
Union Of India – Respondent
JUDGMENT :
1. Heard learned counsel for the appellant and learned counsel appearing for the respondents.
2. This is an appeal filed under Section 37 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as “the Act”) against an order passed by the learned District Judge, Rampur dated August 8, 2022.
3. Counsel on behalf of the appellant submits that the appeal before the learned District Judge, Rampur was filed within the period prescribed under Section 34(3) of the Act as only the certified copy of the arbitral award was received by the appellant on August 6, 2022 and signed copy of the arbitral award was never received by the appellant. Counsel further submits that the appeal against the said award was filed before the learned District Judge on August 6, 2022, and therefore, there was no delay in filing of the said appeal.
4. Per contra, counsel appearing on behalf of the respondents submits that the appeal was filed after about a year of passing of the award, and accordingly, since Section 5 of the Indian Limitation Act is not applicable to Section 34 of the Act, the learned District Judge has acted properly.
5. Upon perusal of the order passed under Section 34 of th
The crucial date of receipt of the signed arbitral award determines the period of limitation for challenging an award under Section 34 of the Arbitration and Conciliation Act, 1996.
The period of limitation for filing an application under Section 34 of the Arbitration and Conciliation Act, 1996 commences from the date of receipt of a signed copy of the Arbitral Award by the appl....
The limitation period for challenging an arbitral award under Section 34(3) commences upon actual receipt of the signed award, supported by documented evidence of signature on the date of the award.
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....
Statutory limitations under Section 34(3) of the Arbitration Act are strict; applications for setting aside arbitral awards cannot be entertained if filed beyond the designated timeframe.
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 presumption of service of a registered post under the Indian Evidence Act and General Clauses Act is crucial in determining the limitation period for filing objections to an arbitration award.
Arbitral Award – Limitation – S. 34(3) specifically states that an application for setting aside may not be made after three months have lapsed from date of which party making an application had rece....
The limitation period for filing an application under the Arbitration and Conciliation Act commences upon receipt of a signed copy of the arbitral award, not an uncertified copy.
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