Section 14 limitation exclusion applies to arbitral award challenges where prior proceedings were bona fide before a court lacking jurisdiction.

Section 14 of the Limitation Act, 1963 applies to proceedings for setting aside an arbitral award under the Arbitration and Conciliation Act, 1996, because the special limitation regime in Section 34(3) does not expressly exclude that provision. Section 34(3) fixes a three-month period, with only a limited further extension, and Section 5 is excluded to that extent; however, Section 14 remains available where time was spent bona fide before a court lacking jurisdiction. The provisions are to be read harmoniously, so exclusion of such time is permissible in appropriate cases. The earlier view against Section 14 was set aside, and the limitation application was required to be considered on merits.

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Issues: Whether Section 14 of the Limitation Act, 1963 applies to proceedings for setting aside an arbitral award under the Arbitration and Conciliation Act, 1996, so as to exclude time spent bona fide before a court lacking jurisdiction.

Analysis: Section 43 of the Arbitration and Conciliation Act, 1996 makes the Limitation Act, 1963 applicable to arbitrations generally. Section 34(3) of the 1996 Act prescribes a special limitation period of three months for setting aside an award, with a further outer limit of thirty days on sufficient cause being shown. That special prescription excludes the operation of Section 5 of the Limitation Act to the extent of enlargement beyond the statutory limit. However, the 1996 Act does not contain any express provision excluding Section 14 of the Limitation Act, which allows exclusion of time spent in bona fide prosecution before a court unable to entertain the matter for want of jurisdiction. Since Section 29(2) excludes only those provisions of Sections 4 to 24 that are expressly excluded or inconsistent with the special law, and no such exclusion of Section 14 appears in the 1996 Act, the provisions can be read harmoniously.

Conclusion: Section 14 of the Limitation Act, 1963 is applicable to proceedings under the Arbitration and Conciliation Act, 1996.

Final Conclusion: The earlier view rejecting exclusion of time under Section 14 was set aside, and the matter was sent back for consideration of the limitation application on merits.

Ratio Decidendi: Where a special statute prescribes limitation but does not expressly exclude Section 14 of the Limitation Act, 1963, time spent bona fide in a court lacking jurisdiction may be excluded.

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