In Brief
An arbitral award of over Rs 51 crores was delivered to the respondent on 09.04.2022. The respondent filed an application to set aside it on 11.07.2022. The trial court initially accepted the application as timely, but on recall, held it barred by limitation. The High Court allowed the respondent's appeal. The Supreme Court upheld the High Court's decision, holding that Section 12 of the Limitation Act applies to Section 34 proceedings, requiring exclusion of the receipt date, and that Section 4 applies when the 3-month period expires on a court holiday. Since 09.07.2022 was a court holiday, filing on 11.07.2022 (next working day) was timely. The appeal was dismissed.
The lawyer headnote and full judgment text are available to registered users.