Home Case Index All Cases Indian Laws Indian Laws + HC Indian Laws - 2018 (8) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2018 (8) TMI 181 - HC - Indian LawsOmission to issue the notice under Section 34(5) of the Arbitration Act, 1996, as amended by the Act 3 of 2016 - Held that:- The substantive right of a party to challenge an arbitral award is provided by sub-sections (2) and (2A) of Section 34 of the Act stipulating the grounds on which an arbitral award can be set aside by the Court. Sub-sections (3) of the said Section 34 of the Act lays down the statutory period of limitation within which an application for setting aside of an arbitral award has to be filed before the Court - Although, the purpose and intention of incorporation of the provisions contained in sub-sections (4) and (5) of Section 34 of the Act is expeditious disposal of the application for setting aside of the arbitral award, the said provisions being procedural in nature cannot be construed as mandatory. If the provisions of sub-sections (5) and (6) of the Act is held to be mandatory as contended by the respondent, the same would defeat the substantive right of party to file an application for setting aside of the arbitral award under sub-sections (2) and (2A) of the said section within the stipulated time under sub-section (3) - the provisions contained in sub-sections (5) and (6) of Section 34 of the Act are procedural and not mandatory. Applications allowed.
|