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HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW
JASPREET SINGH
Genebio Healthcare Pvt. Ltd., through Director, Arun Kumar Srivastava – Appellant
Versus
Paradigm Enterprises through Director Ritika Pandey – Respondent
| Table of Content |
|---|
| 1. overview of the dispute and background facts. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. arguments regarding limitations on the petition under section 34. (Para 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26) |
| 3. counterarguments regarding the limitation issue. (Para 29 , 30 , 31 , 33 , 34) |
| 4. court's analysis on the scope of intervention in arbitral matters. (Para 40 , 41 , 42 , 43) |
| 5. legal principles regarding pre-deposit requirements. (Para 54 , 63 , 64 , 76) |
| 6. conclusive decision and order by the court. (Para 90) |
JUDGMENT :
JASPREET SINGH, J.
Introduction
1. An award dated 27.09.2023 passed by the Micro Small and Medium Enterprises, Facilitation Council, Lucknow (hereinafter referred to as the Facilitation Council) is in the legal vortex between the petitioner and the private respondent no.1. Both contesting parties are at logger heads. The present petitioner is at pains to get the said award executed whereas the private respondent no.1 is leaving no stone unturned in challenging the said award on all possible grounds.
2. In the aforesaid context, the petitioner filed petition No.3886 of 2024 assailing the orders dated 17.01.2024 and order dated 20.06.2024 passed by the Commercial Court
The absence of a condonation application renders a challenge to an arbitral award under Section 34 of the Arbitration Act invalid if filed beyond the statutory limitation period.
Section 14 of the Limitation Act applies to petitions under Section 34 of the Arbitration Act, allowing exclusion of time spent in an incorrect forum if acted upon with due diligence.
The limitation period for challenging an arbitral award under Section 34 starts from the disposal of a Section 33 application, not from the receipt of the award.
Point of Law : Even if the period of delay is considered to be of 21 days. Since Section 34(3) of the Act, 1996 bars condonation of delay beyond the period of 30 days after the period of 3 months is ....
The application under Section 34(2) of the Act was not entitled to the benefit of Section 14 of the Limitation Act, as the appellant did not prosecute any civil proceedings in good faith and with due....
The limitation period for an application under Section 34 of the Arbitration and Conciliation Act cannot be extended beyond specified timelines, maintaining strict adherence to legal provisions.
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....
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