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Checking relevance for Chintels India Ltd. VS Bhayana Builders Pvt. Ltd. ...
Chintels India Ltd. VS Bhayana Builders Pvt. Ltd. - 2021 0 Supreme(SC) 71 : A dismissal of an application under Section 34 of the Arbitration and Conciliation Act, 1996 on the ground of delay does not amount to an award. The court held that an order rejecting an application for condonation of delay is not an appealable order under Section 37(1)(c) of the Act because it relates to proceedings preceding the enquiry into the merits of setting aside or refusing to set aside an arbitral award. The order merely disposes of the application due to delay and does not deal with the substantive merits of the application for setting aside the award. Therefore, such a dismissal cannot be considered as an ''''award'''' or an order that can be appealed under Section 37.Checking relevance for Transparent Packers VS Arbitrator-cum-managing Director...
Checking relevance for SIMPLEX INFRASTRUCTURE LTD VS UNION OF INDIA...
Checking relevance for Union Of India VS Popular Construction Company...
Union Of India VS Popular Construction Company - 2001 7 Supreme 354 : A dismissal of an application under Section 34 of the Arbitration and Conciliation Act, 1996 on the ground of delay does not amount to an award. The provisions of Section 5 of the Limitation Act, 1963 are not applicable to applications challenging an arbitral award under Section 34 of the 1996 Act, as the time limit prescribed in Section 34(3) is absolute and unextendable. The phrase ''''but not thereafter'''' in the proviso to Section 34(3) constitutes an express exclusion of Section 5 of the Limitation Act. Furthermore, Section 5 of the 1996 Act explicitly limits judicial intervention to only those cases where provided by the Act, reinforcing that the time bar under Section 34 is mandatory. Consequently, if an application to set aside an award is dismissed due to delay beyond the statutory period (including the extended four-month period), it does not result in a valid award; rather, the original arbitral award becomes enforceable under Section 36 without further court action.Checking relevance for N. V. International VS State Of Assam...
N. V. International VS State Of Assam - 2019 0 Supreme(SC) 1447 : The dismissal of an application under Section 34 of the Arbitration and Conciliation Act, 1996 on the ground of delay does not amount to an award. The court held that any delay beyond 120 days in filing an appeal under Section 37 from an application being either dismissed or allowed under Section 34 should not be allowed, as it defeats the statutory purpose of arbitration proceedings being decided with utmost despatch. This implies that a dismissal under Section 34 is treated as a final decision for the purpose of appeal, but it is not equivalent to an ''''award''''—rather, it is a procedural outcome that triggers the appellate process under Section 37.Checking relevance for UNION OF INDIA VS NAV BHART NIRMAN COMPANY...
Checking relevance for STATE OF MAHARASHTRA VS RAMDAS CONSTRUCTION CO. ...
STATE OF MAHARASHTRA VS RAMDAS CONSTRUCTION CO. - 2006 0 Supreme(Bom) 1062 : Dismissal of an application under Section 34 of the Arbitration and Conciliation Act, 1996 on the ground of delay does not amount to an award. The order of dismissal relates to procedural matters—specifically, the condonation of delay in filing an application for setting aside an arbitral award—and is not a decision on the merits of the case. Such an order cannot be construed as an appealable order under Section 37(1) of the Act, nor does it constitute an award. The appellate jurisdiction under Section 37(1) applies only to orders dealing with the merits of the claim for setting aside or refusing to set aside an arbitral award, not to preliminary procedural decisions like those concerning delay.Checking relevance for Lokanath Biswal VS Union of India...
Checking relevance for Mathew P J, S/o. Joseph P J VS Cholamandalam Investment And Finance Co Ltd. ...
Mathew P J, S/o. Joseph P J VS Cholamandalam Investment And Finance Co Ltd. - 2023 0 Supreme(Ker) 902 : Dismissal of an application under Section 34 of the Arbitration and Conciliation Act on the ground of delay does not amount to an award. The court held that challenges against arbitral awards must be made within three months from receipt of the award, or within a further period of thirty days if the applicant was prevented by sufficient cause, as provided under Section 34(3) of the Act. Any application filed beyond this period is time-barred and cannot be entertained. Therefore, dismissal of a Section 34 application due to delay is not equivalent to an award; it is a procedural consequence of non-compliance with the statutory limitation period.
