The case concerns the issue of limitation for filing an application challenging an arbitral award under Section 34 of the Arbitration and Conciliation Act, 1996. The appellants received the arbitral award on 14.02.2022. The 3-month limitation period expired on 29.05.2022, a working day. The court closed for vacation from 04.06.2022 to 03.07.2022. The application under Section 34 was filed on 04.07.2022, the court's reopening date. The High Court dismissed the petition as barred by limitation. The appeal questions whether the benefit of the additional 30 days under the proviso to Section 34(3), which expired during the vacation, can be given when the petition is filed immediately after reopening under Section 4 of the Limitation Act, 1963.
The appellants entered into lease agreements with the respondent. Disputes arose, leading the respondent to invoke arbitration. An arbitral award dated 04.02.2022 was made in favor of the respondent. The appellants received a scanned copy of the award by email on 04.02.2022 and a signed hard copy on 14.02.2022, from which the limitation period is calculated. Considering the Supreme Court's order dated 10.01.2022 extending limitation due to COVID-19, the 3-month limitation period under Section 34(3) expired on 29.05.2022. The 30-day condonable period expired on 28.06.2022, during the High Court's summer vacation (04.06.2022 to 03.07.2022). The appellants filed the Section 34 petition on 04.07.2022, the court's reopening date. The High Court dismissed the Section 34
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Arbitral award was passed in favor of the…
Appellants received a…
The case concerns the issue of limitation for filing an application challenging an arbitral award under Section 34 of the Arbitration and Conciliation Act, 1996. The appellants received the arbitral award on 14.02.2022. The 3-month limitation period expired on 29.05.2022, a working day. The court closed for vacation from 04.06.2022 to 03.07.2022. The application under Section 34 was filed on 04.07.2022, the court's reopening date. The High Court dismissed the petition as barred by limitation. The appeal questions whether the benefit of the additional 30 days under the proviso to Section 34(3), which expired during the vacation, can be given when the petition is filed immediately after reopening under Section 4 of the Limitation Act, 1963.
The appellants entered into lease agreements with the respondent. Disputes arose, leading the respondent to invoke arbitration. An arbitral award dated 04.02.2022 was made in favor of the respondent. The appellants received a scanned copy of the award by email on 04.02.2022 and a signed hard copy on 14.02.2022, from which the limitation period is calculated. Considering the Supreme Court's order dated 10.01.2022 extending limitation due to COVID-19, the 3-month limitation period under Section 34(3) expired on 29.05.2022. The 30-day condonable period expired on 28.06.2022, during the High Court's summer vacation (04.06.2022 to 03.07.2022). The appellants filed the Section 34 petition on 04.07.2022, the court's reopening date. The High Court dismissed the Section 34
…Arbitral award was passed in favor of the…
Appellants received a…