In Brief
An insurance company sought to challenge a fire insurance arbitral award of Rs. 44.90 lakh through a petition filed within the statutory period at Jaipur. The Jaipur court, finding it lacked jurisdiction, returned the petition for re-presentation at Jodhpur (the proper forum) with a fixed date. The petition was re-presented 8 days late, prompting the insured to challenge it as time-barred. The Supreme Court held that the petition remained within limitation as it was originally filed in time, and re-presentation should be treated as continuation, not a fresh filing. The Court allowed the appeal, set aside the dismissal orders, and restored the matter for substantive consideration on merits.
The lawyer headnote and full judgment text are available to registered users.