Arbitration and conciliation act 1996
mukesh Gupta
(Querist) 17 April 2012
This query is : Resolved
dear sir(s),
An award was passed by the arbitral tribunal in which an application was filed under section-33 of the arbitration act 1996. The said application was dismissed. Now award was challenged under section 34. 1. Whether the limitation will be conunted from the original award or from the rejection of application u/sec-33?
2. if the application 33 has been dismissed on the groung of not maintainable whether the limitation still be counted from date of rejection of application under section 33.
Any citation will be value added.
Thnaks.
Raj Kumar Makkad
(Expert) 17 April 2012
1. From the earlier day of pronouncement of the award.
2. Yes.
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ajay sethi
(Expert) 17 April 2012
Section 34(3) prescribes the time-period for filing an application challenging an award
Section 34(3) of the Arbitration and Conciliation Act reads as follows:
“An application for setting aside may not be made after three months have elapsed from the date on which the party making that application had received the arbitral award, or, if a request had been made under section 33, from the date on which that request had been disposed of by the arbitral tribunal
it ould be 3 months from date of receipt of award
Devajyoti Barman
(Expert) 17 April 2012
From the day when the OP was first informed about the award passed.
H. S. Thukral
(Expert) 17 April 2012
limitation shall start from the date of rejection of application under section 33
Shonee Kapoor
(Expert) 17 April 2012
Nothing to add.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
DEFENSE ADVOCATE.-firmaction@g
(Expert) 18 April 2012
It is presumed that the application u/s 33 was made to the arbitrator so time limit will start form date of rejection of this application., for action u/s 34.
If the stakes are high you can even go in writ against this rejection pending objection u/s 34 to the award.
