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Shyam (Proprietor)     10 February 2013

Query regarding arbitration award and court appeal to a case

Dear Sir ,

a share broker company had filed a case against me and had it jurisdated by an arbitrator .The arbitrator had passed its award in my favour on 8.5.2009. The company refiled the case in the court on 5.9.2009 which is running in the court till date. But as per Central Government Act, Sec 34 of Arbitration & Conciliation Act 1996 'an application for setting aside arbitration judgement may not be made after 3 months have elapsed from the date on which the party making the application had recieved the arbitral award ,provided if the Court is satisfied that the applicant was prevented by sufficient cause from making application within the said period of 3 months it may entertain the application within a further period of thirty days but not thereafter"   But as seen the Company didnt file any application within the said period of 3 months nor has it provided any sufficient cause. Its now quite a long time the other party is delaying the hearings and Im getting harassed with all the unnecesary  expenditure and tension. Is there any time period for settlement?Is there much left to the case?

Regards,



Learning

 4 Replies

Advocate Bhartesh goyal (advocate)     11 February 2013

Although no time limit is fixed to decide the objections made u/s 34 of Arbitration and Conciliation Act 1996 but if  you make objection in this regard court will not adjourn case without any sufficient cause.Also raise an objection regarding limitation as you are aware that objections u/s 34 of Act should be filed within 3 months of receipt of  copy of Award and court can extend further 30 days to file objections after that court can not extend or condone the delay so raise obection in this regard.  

rohan (vp)     09 August 2013

yes, you should file objection 

Shyam (Proprietor)     10 August 2013

Thank you v much sir.

sanjay (sales)     20 October 2013

Dear shyam ,

 

what happened to the arbitration case filed .  has it been decided ?  


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