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APARESH KUMAR SINGH, ARINDAM LODH
Ashes Deb – Appellant
Versus
State of Tripura – Respondent
JUDGMENT & ORDER (ORAL)
Aparesh Kumar Singh, CJ. - The primary question involved in these two appeals is whether an application under Section 34 of the Arbitration and Conciliation Act, 1996, as amended (for short, the Act) before the learned Commercial Court, West Tripura, Agartala was barred by the delay being beyond the period of three months and thirty days in terms of Section 34 (3) of the Act and its proviso.
2. The appellant is a contractor who has raised three more grounds of challenge in the present appeal preferred under Section 37 (1)(c) of the Act read with Section 13 (1-A) of the Commercial Courts Act , 2015 (hereinafter referred to as the Act of 2015), i.e. (ii) Whether the learned Commercial Court, West Tripura at Agartala had the jurisdiction to entertain a petition under Section 34 of the Act as the subject matter of the dispute pertains to Longtharai Valley which is in Dhalai District? (iii) Whether the Court of Additional District Judge, West Tripura at Agartala would be the competent court as prescribed under Section 2(1)(e) of the Act read with Section 10 of the Act of 2015? and (iv) whether the explanations offered by the respondent seeking condonation of dela
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 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 interpretation of 'three months' in Section 34(3) of the Arbitration and Conciliation Act, 1996, is clarified to mean three calendar months, not strictly 90 days.
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 court upheld limitations on condonation applications under the Arbitration and Conciliation Act, emphasizing adherence to statutory timelines.
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