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: s.34(2) - Delay in filing objection 11/s.34(2) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Arbitration and Conciliation Act. 1996: s.34(2) - Delay in filing objection 11/s.34(2) whether condonable in aid of s.14 of Limitation Act - In the instant case arbitral award passed on 11.11.2010 - Respondent filed s.11 application for seeking appointment of arbitrator on the ground that there was 110 arbitration clause in the contract - High Court dismissed the application which order remained unchallenged and attained finality - Thereafter; respondent filed an objection u/s.34(2) on 26.9.2011 to challenge the award - Respondent also filed application u/s.14 seeking exclusion of time consumed in the proceedings u/s.11 asserting that he was bonafidely prosecuting the case in the court having no jurisdiction - Whether s. ] would be applicable - Held: Not applicable -- s.14{1) of the limitation Act lays down that the proceedings must relate to the same matter in issue - Filing of an application u/s.11 for un appointment of arbitrator is totally different from an objection filed u/s.34 - It cannot be said that the proceedings related to "same matter in issue·· - Respondent had duly participated in the arbitral proceeding - There was thus absence of diligence and good faith on part of respondent - Time consumed for pursuing remedy u/s. JJ not excludible for filing objection - Limitation Act, 1963 - s.14 |
Judge | Honble Mr. Justice Dipak Misra |
Neutral Citation | 2016 INSC 1187 |
Petitioner | Commissioner, M.p. Housing Board And Others |
Respondent | M/s. Mohanlal And Company |
SCR | [2016] 3 S.C.R. 357 |
Judgement Date | 2016-07-19 |
Case Number | 6573 |
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