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2010 (7) TMI 875 - SC - Indian LawsWhat is the date of commencement of limitation? Whether the period of three months can be counted as 90 days? Whether only three months plus twenty eight days had expired when the petition was filed as contended by the appellant, or whether petition was filed beyond three months plus thirty days, as contended by the respondent? Held that:- Appeal allowed. The period of “three months from the date on which the party making that application had received the arbitral award” shall be computed from 13.11.2007. When the period prescribed is three months (as contrasted from 90 days) from a specified date, the said period would expire in the third month on the date corresponding to the date upon which the period starts. As a result, depending upon the months, it may mean 90 days or 91 days or 92 days or 89 days Thus Thirty days from 12.2.2008 under the proviso should be calculated from 13.2.2008 and, having regard to the number of days in February, would expire on 13.3.2008. Therefore the petition filed on 11.3.2008 was well in time and was not barred by limitation.
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