# Mypreferred Transformation and Hospitality Pvt. Ltd. & Anr. vs. Faridabad Implements Pvt. Ltd.

> SC judgment dated 2025-01-10. Citation: TCN-2025-SC-00063. The case concerns the issue of limitation for filing an application challenging an arbitral award…

- **Court:** SC
- **Order date:** 10 Jan 2025
- **Citation:** TCN-2025-SC-00063
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/mypreferred-transformation-and-hospitality-pvt-ltd-anr-vs-faridabad-implements-p-b69b594d

## Summary

### Background

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.

## Facts

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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## Issues and analysis

### Issue 1: Whether Section 5 of the Limitation Act applies to Section 34(3) of the Arbitration and …

**Ratio:** The expression 'but not thereafter' in the proviso to Section 34(3) amounts to an express

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**Reasoning:** Allowing Section 5 to apply would render the phrase 'but not thereafter' redundant. The

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**Interpretation:** Section 5 of the Limitation Act, which allows for condonation of delay, is

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**Application:** Since Section 5 is excluded, the court cannot condone a delay beyond 30 days in

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## Parties

- **Judges:** PAMIDIGHANTAM SRI…; PANKAJ M…
- **Appellants:** MY PREFERRED…
- **Respondents:** M/S FARIDABAD…
- **Other parties:** Affir…

## Timeline

- **2022-02-04 — Arbitral Awa…**: Arbitral award was passed in favor of the respondent. A soft copy was sent to the…
- **2022-02-14 — Receipt of Ha…**: Appellants received a signed…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 5 — Definitions](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-5)

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