Supreme Court of India

My Preferred Transformation & Hospitality Pvt. Ltd. & Anr. v. M/s Faridabad Implements Pvt. Ltd.

Neutral citation
Reported as [2025] 1 S.C.R. 729
Bench Pamidighantam Sri Narasimha and Pankaj Mithal JJ.
Decided 10 January 2025

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.

3 Supreme Court benches have cited this judgment.

What the Court ordered

In view of the above discussion, as the period of limitation prescribed for filing a petition under Section 34 of the A & C Act expired on a working day and not on a day on which the court was closed, the appellants were not entitled to file it on the re-opening of the court after the summer vacation and as such the petition so filed was patently barred by limitation.

Judgment, page 34

From the headnote

Issue for Consideration Whether the High Court was justified in dismissing the petition filed by the appellants u/s.34 of the Arbitration and Conciliation Act, 1996 as barred by time; whether the provisions of Limitation Act, 1963 apply to s.34 of the 1996 Act and to what extent; does s.4 of the 1963 Act apply to the 3-month limitation period or also to the 30-day condonable period in s.34(3); and will s.10 of the General Clauses Act, 1897 apply to s.34(3) and in what manner. Headnotes† Arbitration and Conciliation Act, 1996 – s.34 – Limitation Act, 1963 – s.4 – Limitation period –

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