Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Limitation Act shall not be applicable to the proceedings under the Arbitration Act Arbitration and Conciliation Act 1996 s.34(3) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | General Clauses Act, 1897 (10 of 1897) Arbitration and Conciliation Act, 1996 (26 of 1996) Limitation Act, 1963 (36 of 1963) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Arbitration and Conciliation Act, 1996 – s. 34(3) – Limitation Act, 1963 – s. 2(j) r/w s.4 – “period of limitation” – General Clauses Act, 1897 – s.10 – Application u/s. 34(3) – Filing of, after the expiry of 120 days but filed on the first day of reopening after the winter/ Christmas vacation – Last day of the condonable period of 30 days u/s. 34(3) had fallen during the said vacation – Benefit of s.4, Limitation Act, if available – Held: No – Issue is not res integra – In Assam Urban Water Supply and Sewerage Board vs. Subash Projects and Marketing Limited reported as [2012] 1 SCR 403 it has been held that the benefit of exclusion of period during which Court is closed is available only when the application for setting aside the award is filed within ‘prescribed period of limitation’ and it is not available in respect of period extendable by the Court in exercise of its discretion – Further, the contention of the appellant on the applicability of s.10 of the General Clauses Act is also untenable in the light of proviso to s.10 of the General Clauses Act – No error committed by the High Court and Trial court in refusing to condone the delay caused in preferring application u/s. 34 which was beyond the period prescribed u/s. 34(3). Arbitration and Conciliation Act, 1996 – s. 43(1) – Plea of the appellant that Limitation Act shall not be applicable to the proceedings under the Arbitration Act – Held: Has no substance – s. 43(1) specifically provides that Limitation Act, 1963 shall apply to arbitrations as it applies to proceeding in Court – Limitation Act, 1963. |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2023 INSC 335 |
Petitioner | Bhimashankar Sahakari Sakkare Karkhane Niyamita |
Respondent | Walchandnagar Industries Ltd. (wil) |
SCR | [2023] 4 S.C.R. 361 |
Judgement Date | 2023-04-10 |
Case Number | 6810 |
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