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Supreme Court of India 2023-04-10 dismissed

Sakkare Karkhane Niyamita vs Walchandnagar Industries

Bench: 2 — M. R. Shah, Krishna Murari

In Brief

The Supreme Court dismissed a civil appeal challenging an arbitral award where the application under Section 34 of the Arbitration Act was filed after the condonable period expired on a day when courts were closed for Christmas vacation. The Court held that the benefit of Section 4 of the Limitation Act (which allows filing when courts are closed) applies only to the prescribed limitation period (three months), not to the discretionary 30-day condonable extension. Similarly, Section 10 of the General Clauses Act, 1897 cannot be invoked because it is excluded from proceedings governed by the Limitation Act. The Court affirmed that the strict timelines for challenging arbitral awards cannot be extended merely because the deadline falls during court closure.

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Arbitration Limitation of Actions Arbitration and Conciliation Act, 1996 General Clauses Act, 1897 Condonation of Delay Discretionary Period Court Vacation

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