Lawstreet Journal

Arbitration - Sec 14 Limitation Act Applicable If Sec 34 Petition Filed At The First Instance Was Within Time Says Supreme Court [Read Judgment]

Lawstreet Journal 10 Oct 2019 4:41pm

Image courtesy: Lawstreet Journal Judiciary Arbitration - Sec 14 Limitation Act Applicable If Sec 34 Petition Filed At The First Instance Was Within Time Says Supreme Court [Read Judgment]

The Supreme Court on October 3, 2019, in the case of Oriental Insurance Co. Ltd. v. M/s Tejparas Associates & Exports Pvt. Ltd., has observed that Section 14 of the Limitation Act, 1963, would be applicable to the proceedings under Section 34 of the Arbitration and Conciliation Act, 1996, if the petition under Section 34 (at the first instance) was filed within time.

In this case, the petition under Section 34 was filed by Insurance Company before a Jaipur District Court. The court held the petition as not maintainable before that Court but exercised the power under Order 7 Rule 10 and 10 A of the Civil Procedure Code, 1908, and returned the petition to the insurance company and directed that the parties shall be present before the District Judge, Jodhpur, on 02.04.2008 for presentation of the petition therein and proceed with the matter. Insurance company however presented the petition before the District Judge, Jodhpur, only on 10.04.2008, instead of the specified date of 02.04.2008.

In that circumstance, the other party (respondent) filed an application under Section 3 of the Limitation Act, 1963, before the District Judge, Jodhpur, in the re-presented petition under Section 34 of the Act, 1996. The insurance company filed an application under Section 14 of the Limitation Act, seeking that the time spent in the proceedings before the District Judge, Jaipur, be excluded and the petition be entertained on its merits. The Jaipur District Court dismissed the petition on the… Continue Reading...


Tagged: supreme court in india  
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