SHEKHAR B. SARAF
Bharatiya Rashtriya Rajmarg Pradhikaran – Appellant
Versus
Neeraj Sharma – Respondent
JUDGMENT :
HON’BLE 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 ‘Arbitration Act’) against the judgment and order dated November 16, 2019 passed by the District Judge, Mathura rejecting the application filed by Bharatiya Rashtriya Rajmarg Pradhikaran (hereinafter referred to as the ‘Appellant’) under Section 34 of the Arbitration Act.
FACTS
2. I have laid down the factual matrix of the instant lis below:
(b) Against the award of the Competent Authority, the Respondents filed a petition under Section 3G(5) of the NHAI Act before the Arbitrator (Additional Commissioner (Administration), Agra Division, Agra). The Arbitrator published an award on July 28, 2016 and re
Union of India -v- Tecco Trichy Engineers reported in (2005) 4 SCC 239
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 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 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 filing an application under the Arbitration and Conciliation Act commences upon receipt of a signed copy of the arbitral award, not an uncertified copy.
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.
Compliance with Sec. 31(5) of the Act of 1996 regarding the delivery of the arbitration award to each party is crucial in commencing the period of limitation for filing objections under Sec. 34(3) of....
The court confirmed that compliance with service requirements for an arbitral award can be established through proper postal dispatch and delivery confirmation under Section 31(5) of the Arbitration ....
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