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2018 (4) TMI 1571 - HC - Indian LawsTime Limitation - Section 34(3) of the Arbitration & Conciliation Act, 1996 - whether non-compliance of notice contemplated under section 34(5) by the petitioner before lodging the Arbitration Petition No. 400 of 2017 and withdrawal of the said arbitration petition on 31st August, 2017? Held that:- It cannot be said that the petitioner had not prosecuted the petition bonafide, in good faith and with due diligence. The petitioner thus has made out a case for exclusion of time under section 14(2) of the Limitation Act, 1963 in view of the petitioner having prosecuting the said arbitration petition bonafide in good faith and with due diligence. The notice under section 34(5) is not mandatory but is directory. In this case the petitioner cannot be held guilty of negligence for not giving prior notice under section 34(5) - the petitioner has made out a case for exclusion of time under section 14(2) of the Limitation Act, 1963 for a period from 26th July, 2017 to 31st August, 2017. There is thus no delay in filing arbitration petition by the petitioner. Petition dismissed being barred by limitation.
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