https://www.taxtmi.com/caselaws?id=364562 Section 34(5) of the Arbitration and Conciliation Act, 1996, requiring prior notice to the other party and an accompanying affidavit before filing a challenge to an arbitral award, is directory rather than mandatory. The provision's procedural object is to expedite disposal of Section 34 applications, and the absence of any express consequence for non-compliance indicates that it was not intended as a condition precedent. Accordingly, failure to give prior notice or file the supporting affidavit does not render the Section 34 petition non est, and the challenge remains maintainable on merits. en-us Mon, 30 Jul 2018 00:00:00 +0530 Sat, 06 Jul 2019 09:57:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=364562 Section 34(5) of the Arbitration and Conciliation Act, 1996, requiring prior notice to the other party and an accompanying affidavit before filing a challenge to an arbitral award, is directory rather than mandatory. The provision's procedural object is to expedite disposal of Section 34 applications, and the absence of any express consequence for non-compliance indicates that it was not intended as a condition precedent. Accordingly, failure to give prior notice or file the supporting affidavit does not render the Section 34 petition non est, and the challenge remains maintainable on merits. Case-Laws Indian Laws Mon, 30 Jul 2018 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=364562