SHEKHAR B. SARAF
Jasvinder Kaur – Appellant
Versus
National Highways Authority Of India – Respondent
JUDGMENT :
(Shekhar B. Saraf, J.) :
1. The instant application has been filed under Section 37 of the Arbitration & Conciliation Act, 1996 (hereinafter referred to as the ‘Act’) by Smt. Jasvinder Kaur (hereinafter referred to as the ‘Appellant’) challenging the order dated February 7, 2023 passed by District Judge, Rampur by which the application under Section 34 of the Act filed by the Appellant was dismissed as time barred.
FACTS
2. I have laid down the factual matrix of the instant lis below:
b. Appellant filed an objection before the Competent Authority, claiming higher rate of compensation. Objection of the Appellant was rejected by the Competent Authority. Against the award passed by the Competent Authority, the Appellant preferred arbitration under Section 3G(5) of the NHAI Act.
c. The Arbitrator passed an award on January 31, 2023 (back dated to Octob
Union of India -v- Tecco Trichy Engineers reported in (2005) 4 SCC 239
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 delivery of a signed copy of an arbitral award under Section 31(5) of the Arbitration Act is essential for initiating limitation periods, but actual knowledge and acknowledgment of the award by a....
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.
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....
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.
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 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 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.
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 reckoning point for limitation under the Arbitration and Conciliation Act begins only upon the party receiving the signed copy of the arbitral award, not merely upon its delivery to an advocate.
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