Supreme Court of India
The State of Maharashtra and Ors. v. Mis. Ark Builders Pvt. Ltd.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
2 Supreme Court benches have cited this judgment.
What the Court ordered
In the light of the discussion made above this appeal must succeed. We, accordingly, set aside the judgments and orders passed by the Bombay High Court and the Principal District Judge, Latur. The application made by the appellants under section 34 of the Act is restored before the Principal District Judge, Latur, who shall now proceed to hear the parties on merits and pass an order on the application in accordance with law. Since the matter is quite old, it is hoped and expected that the Principal District Judge will dispose this matter preferably within 6 months from the date of receipt of this order.
Judgment, Para 18
From the headnote
Arbitration and Conciliation Act, 1996: s.34 - Period of limitation for making an application u/s.34 for setting aside an arbitral award - Held: Is to be reckoned from the date a signed copy of the award is delivered to the objector by the arbitrator and not from the date a copy of the award is received by him by any means and from any source - Limitation. Interpretation of statutes: If the law prescribes that a copy of the order/award is to be communicated, delivered, dispatched, forwarded, rendered or sent to the parties concerned in a particular way and sets a period of limitation for challenging the order/award in question by the aggrieved party, then the period of limitation can only commence from the date on which the order/award was received by the party concerned in the manner prescribed by the law - Arbitration and Conciliation Act, 1996 - s.34.
Authorities it was built on
- Union of India v. Tecco Trichy Engineers & Contractors
- Dr. Sheo Shankar Sahay v. Commissioner, Patna Division and Ors
Where later benches applied it
- 2021 Dakshin Haryana Bijli Vitran Nigam Ltd. v. M/s Navigant Technologies Pvt. Ltd.
- 2012 Benarsi Krishna Committee and Ors. v. Karmyogi Shelters Pvt. Ltd.
Of those, 2 referred to
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