Mandatory pre-filing notice under arbitration law governs valid filing and limitation for challenges to arbitral awards.

Prior notice to the opposite party under Section 34(5) of the Arbitration and Conciliation Act, 1996 is a mandatory condition precedent to a valid petition to set aside an arbitral award. The distinction between a petition being "filed" and being "entertained" is material, and filing is treated as effective only once the statutory notice requirement is complied with by service on the respondent. On that basis, limitation was computed from the date of such service. As the challenge was then beyond the permissible period under Section 34(3), the Court had no power to condone the delay, and the challenge failed on limitation without consideration of the merits.

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Issues: Whether the petition challenging the arbitral award was validly filed and within limitation when the copy of the petition was served on the respondent only after the filing date, and whether Section 34(5) of the Arbitration and Conciliation Act, 1996 is mandatory.

Analysis: Section 34(5) requires a prior notice to the other party before filing an application to set aside an award and also requires an affidavit of compliance. The wording "only after" and "shall" shows that service of prior notice is not a mere formality but a condition precedent to valid filing. The distinction between "filed" and "entertained" is material, and the petition cannot be treated as properly filed until the statutory notice requirement is complied with. On that basis, the filing date was taken as the date of service on the respondent. Since the petition was then beyond three months plus the further condonable period under Section 34(3), the Court lacked power to condone the delay.

Conclusion: Section 34(5) is mandatory, the petition was treated as filed only upon service of the copy on the respondent, and the challenge was barred by limitation.

Final Conclusion: The challenge to the arbitral award failed on limitation because the statutory pre-filing notice requirement was not complied with in time, and the petitions were dismissed without examination of the merits.

Ratio Decidendi: In a challenge under Section 34 of the Arbitration and Conciliation Act, 1996, prior notice to the opposite party is a mandatory condition precedent to valid filing, and the limitation period is computed only after such compliance.

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