Limitation period -

vinayak (Querist) 27 January 2012 This query is : Resolved
Its regarding limitation period to file an appeal

facts : Award receipt date 21-06-2011 (considering 30days)last date would be 21-07-2011 or 20-07-2011 ?

Appeal letter send on 20-07-2011 which recd by Arbitration dept on 22-07-2011.

Is it time barred or within limitation period ?

Please guide..

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Devajyoti Barman (Expert) 27 January 2012
Appeal period is 90 days+ 30 days from the date of receipt of signed award.
Now you calculate.

Raj Kumar Makkad (Expert) 28 January 2012
The limitation is all awards is not 90 days as Barman opined.

As the copy of award has received to you on 22.07.2011 so period of limitation shall be up to 21.08.2011.

You are not required to file appeal without having certified copy of award so that period shall not be counted for the purpose of calculating limitation period.

vinayak (Querist) 28 January 2012
Thanks Raj Kumarji

Murali Krishna (Expert) 28 January 2012
Presuming that 'Award' in the present case is an arbitration award, I would like to reply this.

1.S.34(3) of A&C Act, 1996 stipulates that limitation for challenging arbitration award is 3 months. Court can condone further 30 days.

2. In the present case, award received in the office on 22.07.2011. If it is an arbitration award, as limitation period is not one month, but three months. Hence, same would expire on 22.10.2011. The one day i.e 22.07.2011 has to be excluded from computing time in terms of S.9 of General clauses Act, 1897.