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        2023 (9) TMI 171 - SCH - Indian Laws

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        Limitation for challenging a corrected arbitral award runs from the corrected award date, not the original award. Where an arbitral tribunal suo motu corrects an award under Section 33(3) of the Arbitration and Conciliation Act, 1996, the corrected award becomes the ...
                        Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                          Provisions expressly mentioned in the judgment/order text.

                              Limitation for challenging a corrected arbitral award runs from the corrected award date, not the original award.

                              Where an arbitral tribunal suo motu corrects an award under Section 33(3) of the Arbitration and Conciliation Act, 1996, the corrected award becomes the operative award for purposes of Section 34(3) limitation. The limitation period to challenge the award runs from the date the corrected award is made and received by the party, because the original award stands modified and the party must have an effective opportunity to examine the final award before objecting. On that basis, objections filed within ninety days of the corrected award were within time, and the court may also consider condonation within the permissible additional period while proceedings remain pending.




                              Issues: Whether, where an arbitral tribunal makes suo motu corrections to an award under Section 33(3) of the Arbitration and Conciliation Act, 1996, the period of limitation under Section 34(3) runs from the date of the original award or from the date of the corrected award received by the party.

                              Analysis: The limitation under Section 34(3) is intended to give the party an effective opportunity to study and challenge the award. Where the tribunal itself corrects the award under Section 33(3), the original award stands modified and it is the corrected award that has to be challenged. The corrected award, therefore, constitutes the operative award for the purpose of computing limitation, and the period begins when the corrected award is made and received. The filing in the case was within ninety days from the corrected award, and in any event the court retains power to consider condonation within the permissible additional period while proceedings remain pending.

                              Conclusion: The limitation period for filing objections ran from the date of the corrected award, and the objections were within time.


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                              ActsIncome Tax
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