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Supreme Court of India 2018-03-27 dismissed

Anilkumar Jinabhai Patel (D) Thr. LRs vs Pravinchandra Jinabhai Patel and Ors

Bench: 2 — R. Banumathi

In Brief

Two brothers, Anilkumar and Pravinchandra Patel, engaged arbitrators (their sister and brother-in-law) to partition their jointly-held family businesses and assets. An award was issued on 07.07.1996, signed by both brothers acknowledging receipt "for themselves and on behalf of their family members." Anilkumar later challenged the award in 2005, claiming he and his family members never received it. The Supreme Court held that Anilkumar's receipt of the award as authorized head of family constituted valid delivery to all family members under the Arbitration Act. The challenge was barred by the three-month limitation period under Section 34(3), beginning from receipt on 07.07.1996. The Court dismissed the appeal, upholding the High Court's judgment that the petition filed in 2005 was time-barred.

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Arbitration Law Limitation Arbitral Award Family Partition Civil Procedure

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