https://www.taxtmi.com/caselaws?id=274232 Section 14 of the Limitation Act can apply to proceedings under the Arbitration and Conciliation Act, 1996 where an earlier filing failed because a mandatory procedural defect prevented the court from entertaining it. Here, non-compliance with Section 34(5), requiring prior notice and a supporting affidavit, was treated as a defect of a like nature for exclusion of time. The court also treated the delay in re-filing after removal of objections as not fatal and, in any event, condonable on the facts. The time spent prosecuting the earlier defective petition was therefore excluded, the delay was condoned, and the Section 34 petition was registered. en-us Thu, 24 Aug 2017 00:00:00 +0530 Fri, 03 Aug 2018 07:56:23 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=274232 Section 14 of the Limitation Act can apply to proceedings under the Arbitration and Conciliation Act, 1996 where an earlier filing failed because a mandatory procedural defect prevented the court from entertaining it. Here, non-compliance with Section 34(5), requiring prior notice and a supporting affidavit, was treated as a defect of a like nature for exclusion of time. The court also treated the delay in re-filing after removal of objections as not fatal and, in any event, condonable on the facts. The time spent prosecuting the earlier defective petition was therefore excluded, the delay was condoned, and the Section 34 petition was registered. Case-Laws Indian Laws Thu, 24 Aug 2017 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=274232