NDLI: Oriental Insurance Co. Ltd. Vs. M/s Tejparas Associates Exports Pvt. Ltd.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	5 and 14 Limitation Act Arbitration Award Or.7 r.10 and 10A CPC ss.3 1963
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Limitation Act, 1963 (36 of 1963)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Limitation Act, 1963: ss.3, 5 and 14 – Arbitration Award – Appellant in order to assail award filed petition u/s.34 before Jaipur District Court – Objection by respondent that cause of action arose at Jodhpur – Jaipur District Court held the petition as not maintainable before it but exercised power under Or.7 r.10 and 10A and returned the petition to appellant with direction to appear before District Court Jodhpur on 2.4.2008 for presentation of petition and proceed with the matter – However, appellant presented the petition only on 10.4.2008 instead of specified date of 2.4.2008 – Respondent filed application under s.3 of Limitation Act before District Court, Jodhpur seeking rejection of petition on the ground of limitation – Appellant filed application under s.14 of Limitation Act seeking exclusion of time spent in the proceedings before District Judge, Jaipur – District Court Jodhpur dismissed the petition under s.34 of the Act, 1996 on limitation point – Appeal also dismissed by High Court – Hence instant appeal – Held: The petition filed under s.34 at Jaipur was within the period of limitation – Delay was for the period of 8 days in re-presenting the petition beyond the date fixed after it was returned under Or.7 r.10 CPC – In that circumstance, even if the term “sufficient cause” as contained under s.5 of the Limitation Act is taken note, in the facts the same was not with reference to petition under s.34 of Act, 1996 for condonation of delay beyond the period prescribed under s.34(3) of Act, 1996 – District Court, Jaipur had ordered return of the petition for appropriate presentation and the date was fixed – The correctness of the said order was not assailed by the respondent seeking absolute rejection of the petition by raising grounds on the nature of findings rendered therein since that Court had not held the petition to be malafide – In such circumstance, the issue of delay arose only in the context of delay of 8 days in re-presentation as permitted by Jaipur Court – Therefore, re-examination of the matter to consider the entire period spent before the Court at Jaipur as malafide so as to non-suit the appellant and deny consideration of proceedings under s.34 of Act, 1996 which was initiated within the period of limitation at the first instance, on its merits was not justified – In that view, order on the application filed under s.14 and s.3 of the Limitation Act by the District Judge, Jodhpur was not sustainable – Consequently, the proceedings in Arbitration Application restored to the file of the District Judge, Jodhpur – Parties to appear before the said Court on 15.10.2019 – Code of Civil Procedure, 1908 – Or.7 r.10 and 10A – Arbitration and Conciliation Act, 1996 – s.34.
Judge	Hon'ble Mr. Justice Ajjikuttira Somaiah Bopanna
Neutral Citation	2019 INSC 1112
Petitioner	Oriental Insurance Co. Ltd.
Respondent	M/s Tejparas Associates Exports Pvt. Ltd.
SCR	[2019] 13 S.C.R. 228
Judgement Date	2019-10-03
Case Number	6524

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