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Supreme Court of India 2025-01-10 dismissed

HOSPITALITY PVT. LTD. & ANR vs M/S FARIDABAD IMPLEMENTS PVT. LTD

Bench: 2 — Pamidighantam Sri Narasimha, Pankaj Mithal

In Brief

The appellants sought to challenge an arbitral award under Section 34 of the Arbitration and Conciliation Act, 1996. The three-month limitation period expired on 29 May 2022 (a working day), but the 30-day condonable period expired on 28 June 2022 during court vacation. The petition was filed on 4 July 2022 when courts reopened. The Supreme Court held that Section 4 of the Limitation Act applies only to the prescribed 3-month period, not the condonable 30-day period. Since the main period expired on a working day, the applicants could not benefit from court closure provisions. The Court dismissed the appeal as time-barred, though expressing concerns about the stringent limitation regime curtailing the remedy to challenge arbitral awards.

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Arbitration Law Limitation of Actions Procedural Law Section 34 (Setting Aside Arbitral Award) Court Holidays and Limitation Statutory Interpretation

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