Petition Filed After Expiry Of Limitation Period U/S 34(3) Of Arbitration Act Cannot Be Entertained Unless Sufficient Cause Is Shown: Himachal Pradesh HC
3 months, 3 weeks ago

Petition Filed After Expiry Of Limitation Period U/S 34(3) Of Arbitration Act Cannot Be Entertained Unless Sufficient Cause Is Shown: Himachal Pradesh HC

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The Himachal Pradesh High Court bench of Justice Jyotsna Rewal Dua has held that petition under section 34 of the Arbitration Act cannot be entertained which is filed beyond the prescribed period of 3 months under section 34 of the Act in the absence of sufficient cause being shown. Observations: The court, at the outset, noted that as per Section 34 of the Act, objections can be filed against the arbitral award within a period of three months from the date of receipt of the award or from the date of disposal of the request made under Section 33 of the Act. In terms of the proviso to Section 34 of the Act, in case the Court is satisfied that the applicant was prevented by sufficient cause from making the application against the arbitral award within the prescribed period of three months, it may entertain the application within a further period of thirty days, but not thereafter. In the instant case, the court noted that the applicants are not just required to show sufficient cause for the period of twenty-four days beyond the prescribed period of three months, they are mandated by the proviso to Section 34 of the Act to explain as to why the objections could not be preferred within the prescribed period of three months.

History of this topic

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