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2026 Supreme(Cal) 73

CALCUTTA HIGH COURT
KAMLESH KUMAR AGARWALA – Appellant
Versus
THE ESTATE OF MANJAN DEVI PATNI REPRESENTED BY NIRMAL KUMAR JAIN – Respondent


JUDGMENT :

MD. SHABBAR RASHIDI, J.

1. The appeal under Section 37 of the Arbitration and Conciliation Act, 1996 is in assailment of impugned judgment and order dated March 2, 2020 passed in A.P. No. 74 of 2019, G.A. No. 399 of 2019.

2. By the impugned judgment and order, the learned Single Judge rejected the challenge to the arbitral award dated February 28, 2018 and dismissed A.P. No. 74 of 2019 on the ground that challenge under Section 34 of the Act of 1996 was filed after the expiry of the time period prescribed under Section 34 (3) of the Act of 1996. The learned Trial Judge held that:

“It is not in dispute that the respondents filed the application under Section 29A of the Act of 1996, before a Co-ordinate Bench of this Court, for extension of time for making the award by the Arbitrator. By order dated September 05, 2017 a Co-ordinate Bench of this Court, in presence of the petitioner, extended the time to make and publish the award of the Arbitrator. A copy of the said order has been disclosed by the respondents in their affidavit and from a reading thereof, it is evident that the petitioner did not raise any objection to the jurisdiction of this Court to entertain the said appl

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