Arbitration and conciliation act 1996

Dipu Madhavan (Querist) 25 July 2013 This query is : Resolved
Sirs
whether the delay occurred in an application under section 34 of the Arbitration and Conciliation act can be condoned by section 5 of the limitation act.

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Dr J C Vashista (Expert) 25 July 2013
Yes if you can put up sufficient cause and convenience the Court.

Rajendra K Goyal (Expert) 25 July 2013
Agree, nothing more to add.

Advocate Bhartesh goyal (Expert) 25 July 2013
No,u/s 34 [3] of Arb and Con act,limtation period to file objections has been specifically mentioned so no court can condon even a single day delay.see the sec 34 [3] of the Act .

[3] An application for setting aside may not be made after three months have elapsed from the date on which die party making that application had received the arbitral award or, if a request had been made under section 33, from the date on which that request had bow disposed of by the arbitral tribunal: Provided that if the Court is satisfied that the applicant was prevented by sufficient cause from making the application within the said period of three months it may entertain the application within a further period of thirty days, but not thereafter.

Dr J C Vashista (Expert) 25 July 2013
I agree with Mr. Bhartesh goyal, Advocate

Raj Kumar Makkad (Expert) 27 July 2013
I do agree with Bhartesh ji.

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