Section 14 Limitation Act applies to Section 34 arbitration challenges, subject to proof of bona fide prosecution and due diligence.

Section 14 of the Limitation Act, 1963 applies to an application under Section 34 of the Arbitration and Conciliation Act, 1996 because the arbitration statute does not expressly exclude it. The limitation framework for setting aside an award remains subject to the special scheme in Section 34, read with the Limitation Act where consistent. Exclusion of time for bona fide prosecution of earlier proceedings depends on proof of due diligence and good faith, so that factual enquiry must be undertaken by the Principal Civil Court before the limitation plea can be decided.

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Issues: Whether Section 14 of the Limitation Act, 1963 applies to an application under Section 34 of the Arbitration and Conciliation Act, 1996, and whether the time spent in bona fide prosecution of earlier proceedings can be excluded while deciding limitation.

Analysis: The limitation scheme under Section 34 of the Arbitration and Conciliation Act, 1996 prescribes the time for filing an application to set aside an award and permits a limited further period under the proviso. The Act does not contain an express exclusion of Section 14 of the Limitation Act, 1963. Section 43 of the Arbitration and Conciliation Act, 1996 makes the Limitation Act applicable to arbitration matters, and the exclusion under Section 29(2) of the Limitation Act operates only to the extent the special statute covers the field. Since the question whether the appellant had prosecuted another proceeding with due diligence and in good faith required factual examination, that question had to be considered by the Principal Civil Court.

Conclusion: Section 14 of the Limitation Act, 1963 is applicable to proceedings under Section 34 of the Arbitration and Conciliation Act, 1996, and the plea for exclusion of time had to be examined on facts by the trial court.

Final Conclusion: The limitation finding was set aside, the matter was remitted for fresh decision on the exclusion-of-time issue, and the appeal succeeded.

Ratio Decidendi: In the absence of an express exclusion in the Arbitration and Conciliation Act, 1996, Section 14 of the Limitation Act, 1963 applies to a Section 34 proceeding, subject to proof of bona fide prosecution with due diligence.

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