Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Arbitration and Conciliation Act 1996 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Arbitration and Conciliation (amendment) Act, 2015 (3 of 2016) |
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 | Arbitration and Conciliation Act,1996 – s.34 – Power of Court to condone the delay for setting aside an Award – In the instant case, Arbitral award passed on 28.02.2011 in favour of appellant and copy of the award dispatched to both the parties – Thereafter appellant filed execution petition on 27.06.2011 to recover amount due from the respondent – Respondent on 04.01.2012 assailed the arbitral award by filing the petition under s.34 of the Act 1996 along with the notice of motion under s.5 of Limitation Act seeking condonation of delay of 185 days which is beyond the time limit prescribed under s.34(3) of the Act 1996 – Single Judge while considering the notice of motion noted that respondent refused to accept the registered post containing the award and in that view, declined to condone the delay – However, Division Bench of High Court condoned the delay – On appeal, held: Limitation period to set aside an award is prescribed under s.34 of the Act 1996 – Extent to which the delay in setting aside an award can be condoned is circumscribed under proviso s.34(3) of the Act 1996 – s.5 of Limitation Act is not applicable to condone the delay beyond the period prescribed under s.34 of the Act 1996 – Division Bench was not justified in condoning the delay in a casual manner – Order of Single Judge restored. |
Judge | Hon'ble Mr. Justice Ajjikuttira Somaiah Bopanna |
Neutral Citation | 2021 INSC 900 |
Petitioner | Mahindra And Mahindra Financial Services Ltd |
Respondent | Maheshbhai Tinabhai Rathod & Ors. |
SCR | [2021] 12 S.C.R. 94 |
Judgement Date | 2021-12-16 |
Case Number | 11477 |
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