SUBODH ABHYANKAR
Ganpat – Appellant
Versus
Land Acquisition Officer And Sub Division Officer – Respondent
JUDGMENT :
Heard finally, with the consent of the parties.
2. This order shall also govern the disposal of Arbitration Appeal Nos. 60, 61, 63, 64, 65, 66, 67, 68, 69, 70 and 84 of 2024, as in all the cases, identical issue regarding limitation in filing the application under section 34 of the Arbitration and Conciliation Act, 1996 (in short “the Act of 1996”) is involved. For the sake of convenience, the facts as narrated in Appeal No. 57 of 2024 are being taken into consideration.
3. This appeal has been filed under section 37(1)(C) of the Act of 1996 against the order dated 6-4-2024, passed in M.J.C. No. 12 of 2023 by Additional First District Judge, Sardarpur, District Dhar whereby in a proceedings under section 34 of the Act of 1996, the application filed by the respondent No. 2 National Highway Authority of India under Order 7, Rule 11 of Civil Procedure Code for rejection of the case, has been allowed and the application filed under section 34 of the Act of 1996 has been rejected on the ground that the same is barred by limitation as provided under section 34(3) of the Act of 1996. It is held by the District Court that the application has been filed after a delay of 73 days, ove
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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.
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 Section 34 of the Arbitration & Conciliation Act, 1996, commences only from the date the aggrieved party receives a signed copy of the aw....
Limitation for setting aside an arbitral award commences on receipt of a signed copy; photocopies satisfy statutory requirements under modern arbitration practices.
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 Sections 31(5) and 34(3) of the Arbitration Act begins upon receipt of a signed copy, making timely receipt crucial for valid appeals.
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 filing an application for setting aside an arbitral award is the date of receipt of the signed copy, not merely the signing, with strict requirements for delivery under the Ar....
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.
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.
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