Just a moment...
Press 'Enter' to add multiple search terms. Rules for Better Search
Use comma for multiple locations.
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
Don't have an account? Register Here
Press 'Enter' after typing page number.
Issues: Whether the time spent by the appellants in prosecuting proceedings before a court without jurisdiction could be excluded under Section 14 of the Limitation Act, 1963 for computing limitation under Section 34(3) of the Arbitration and Conciliation Act, 1996, and whether the Section 34 application was within time.
Analysis: Section 34(3) prescribes a period of three months for challenging an arbitral award, with a further thirty days' extension on sufficient cause. The application of Section 14 of the Limitation Act, 1963 is not excluded for proceedings under Section 34. Where a party has bona fide and with due diligence prosecuted a remedy before a forum lacking jurisdiction, the period spent there must be excluded while computing limitation. On the facts, the appellants had first pursued proceedings before the wrong forum, then filed the Section 34 application before the proper court and subsequently corrected the supporting application under the correct provision. Their conduct showed bona fide prosecution and due diligence, and the filing in the proper court was not belated once the excluded period was removed.
Conclusion: The exclusion under Section 14 was available, the Section 34 application was within limitation, and the refusal to condone delay was unsustainable.
Ratio Decidendi: Section 14 of the Limitation Act, 1963 applies to an application under Section 34 of the Arbitration and Conciliation Act, 1996, and the period spent in bona fide and diligent prosecution before a court without jurisdiction must be excluded in computing limitation.