Supreme Court of India
P. Radha Bai and Ors. v. P. Ashok Kumar and Anr.
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6 Supreme Court benches have cited this judgment.
What the Court ordered
We hold that once the party has received the Award, the limitation period under Section 34(3) of the Arbitration Act commences.
Judgment, page 25
From the headnote
Limitation Act, 1963– s.17– Application of– If excluded while determining the limitation period u/s.34(3) of the 1996 Act – Disputes between the appellants and r espondents over division of pr operties left behind by their pr edecessor-in-interest – Arbitration – Arbitral award – Ther eafter, the appellants, allegedly in bad faith, enter ed into a Memorandum of Understanding (MoU) with the r espondents agreeing to give cer tain additional pr operties to r espondent no.1 – MoU contemplated for execution of Gift Deeds and Release Deeds by appellants in favour of r espondent no.1 – However , the
Authorities it was built on
- 2001 Union of India v. M/s. Popular Construction Co.
- 1963 Vidyacharan Shukla v. Khubchand Baghel and Others
- 1950 Yeswant Deorao Deshmukh v. Walchand Ramchand Kothari
- 1973 Hukumdev Narain Yadav v. Lalit Narain Mishra
- 2010 State of Himachal Pradesh & Anr. v. M/s. Himachal Techno Engineers & Anr.
- 2010 Chattisgarh State Electricity Board v. Central Electricity Regulatory Commission and Ors.
- 2001 Pallav Sheth v. Custodian and Ors.
- 2004 Gopal Sardar v. Karuna Sardar
- 2012 Assam Urban Water Supply & Sew. Board v. Subash Projects & Marketing Ltd.
Where later benches applied it
- 2023 Super Diamond Tools & Ors. v. K. Mohan Rao
- 2021 Mahindra and Mahindra Financial Services Ltd v. Maheshbhai Tinabhai Rathod & Ors.
- 2021 Dakshin Haryana Bijli Vitran Nigam Ltd. v. M/s Navigant Technologies Pvt. Ltd.
- 2020 Brahampal @ Sammay and Anr. v. National Insurance Company
- 2025 My Preferred Transformation & Hospitality Pvt. Ltd. & Anr. v. M/s Faridabad Implements Pvt. Ltd.
- 2022 Saranpal Kaur Anand v. Praduman Singh Chandhok and Others
Of those, 4 relied on · 2 referred to
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