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Amiy Kumar   17 November 2016

Arbitration section 34

What is the solution if anyone has not complied with section 34 clause (5) before filing petition under section 34 of arbitration & conciliation Act.1996.(challenging Arbitral Award).

As per new amendment section 34 (5) says that an application under section 34 shall be filed by a party only after issuing a  prior notice to the other party and such application shall be accompanied by an affidavit by the applicant endorsing compliance with the said requirement .

Now what can be done in a case where the applicant filed the petition without issuing prior notice to the parties? please advice.



Learning

 2 Replies

Zoheb Khatri (Practicing in Mumbai ZohebKhatri@gmail.com)     17 November 2016

It can be challenged, morever you can seek for dismissal of petition for a want of complaiance.

 

Regards,

ZohebKhatri@gmail.com

Samarpan (M)99958670740 (Free legal advice and legal aid cell)     20 November 2016

Withdraw the application, and issue notice and file fresh application with affidavit showing compliance of issuance of notice.


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