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MANOJ KUMAR TIWARI, VIVEK BHARTI SHARMA
State of Uttarakhand – Appellant
Versus
Hillways Construction Company Pvt. Ltd. – Respondent
JUDGMENT :
Manoj Kumar Tiwari, J.
This appeal is directed against judgment and order dated 10.2.2021, passed by Commercial Court, Dehradun in Miscellaneous Case No. 42 of 2020. By the said judgment, application filed by the appellants under Section 34 of the Arbitration and Conciliation Act, 1996 (for short, “the Act”) was dismissed on the ground of delay.
2. It is not in dispute that the appellant had earlier filed application under Section 34 of the Act before District Judge, New Tehri challenging the award dated 28/30.5.2018, which was dismissed as not pressed on 3.7.2019. Subsequently, appellants filed application before District Judge, New Tehri seeking restoration of the application under Section 34 of the Act; in the meantime, Commercial Court was established at Dehradun and the application seeking restoration of proceedings under Section 34 of the Act was transferred to Commercial Court, Dehradun; Commercial Court, Dehradun rejected the said application vide order dated 12.12.2019 and the said order was challenged by the appellants in Appeal from Order No. 42 of 2020, which was disposed of by Division Bench of this Court vide order dated 18.2.2020. Para 7 and 8 of the said ord
The main legal point established in the judgment is that the limitation period for challenging an award under Section 34(3) of the Arbitration and Conciliation Act is strict and cannot be extended be....
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 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....
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 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.
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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