https://www.taxtmi.com/caselaws?id=274248 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. en-us Tue, 29 May 2018 00:00:00 +0530 Fri, 03 Aug 2018 07:59:10 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=274248 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. Case-Laws Indian Laws Tue, 29 May 2018 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=274248