Arbitration section 34. Limitation Act section 17.
Limitation for filing objection under section 34 Arbitration Act cannot be extended on the ground that the respondent played fraud in obtaining award.
Limitation to file objection under section 34 starts the moment copy of award is served.
Maximum limitation period for filing objection is 120 days which can not be extended invoking section 17 of Limitation Act.
In the context of Section 34, a party can challenge an award as soon as it receives the award.
Once an award is received, a party has knowledge of the award and the limitation period commences.
The objecting party is therefore precluded from invoking Section 17(1)(b) & (d) once it has knowledge of the Award.
Section 17(1)(a) and (c) of Limitation Act may not even apply, if they are extended to Section 34, since they deal with a scenario where the application is “based upon” the fraud of the Respondent or if the application is for “relief from the consequences of a mistake.
Section 34 application is based on the award and not on the fraud of the Respondent and does not seek the relief of consequence of a mistake.
P. Radha Bai and Ors. vs. P. Ashok Kumar and Ors. (26.09.2018 – SC) :
MANU/SC/1063/2018