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Supreme Court of India 2019-10-03 allowed

ORIENTAL INSURANCE CO.LTD vs M/S TEJPARAS ASSOCIATES

Bench: 3 — R. Banumathi, A.S. Bopanna, Hrishikesh Roy

In Brief

An insurance company sought to challenge an arbitral award of Rs 44.9 lakhs in a fire claim dispute. Its petition under Section 34 of the Arbitration and Conciliation Act, 1996, was initially filed within the statutory period but before the wrong court (Jaipur instead of Jodhpur). The court returned it for re-presentation at Jodhpur with a fixed date, but it was presented 8 days late. The respondent sought dismissal on limitation grounds. The Supreme Court held that Section 14 of the Limitation Act permits exclusion of time spent in the initial proceedings, and since only an 8-day re-presentation delay arose (not breach of the original statutory deadline) and the original court found no mala fide conduct, the petition should proceed on merits.

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Arbitration and Conciliation Insurance Limitation Civil Procedure Venue

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