Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Arbitation Act 1940-Ss. 14(2) 17 and 29 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Petition Disposed Off |
Headnote | Arbitration Act 1940-Ss. 14(2), 17 and 29-Award-Delay in filing objection-Forum for dealing with award where arbitrator appointed by Supreme Court-Held, objection as to award, including objection as to forum, should be dismissed being filed long after period of limitation, as also on merits-Held further, where arbitrator appointed by Supreme Court and no further directions given, forum for taking further action is Supreme Court-Limitation.This Court by order dated November 12, 1991 referred the disputes and differences to arbitration by consent of parties. The award of the arbitrator made on February 14 1994 was filed before this Court. The Registry gave notice on April 29, 1994 of filing of the award to counsel for both parties. The respondents made an application under the Arbitration Act 1940 that the award be made rule of the court and interest at the rate of 24% be awarded to them from the date of filing of the award. When the interlocutory applications came up for hearing, the appellant prayed for fresh notice which was issued without prejudice to the contentions of the respondents that the period for filing objections were already barred by limitation. Even thereafter, while inspection of the award was taken on October 3, 1994, the objections to the award were filed on November 20,1994, i.e. not within 30 days from such inspection. The appellant, besides contending that the award was not filed and signed in the proper manner and that they had not been supplied a copy as is required, further submitted that the award was not filed in the proper court. Accordingly, it was urged that there was no question of limitation running from the date of filing the award. |
Judge | Hon'ble Mr. Justice G.N. Ray |
Neutral Citation | 1995 INSC 114 |
Petitioner | M/s Bharat Coking Coal Ltd. |
Respondent | M/s C.k. Ahuja And Anr. |
SCR | [1995] 2 S.C.R. 65 |
Judgement Date | 1995-02-14 |
Case Number | 3882-85 |
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