NATIONAL AGRICULTURAL COOPERATIVE MARKETING FEDERATION OF INDIAN LTD. Vs. R. PIYARELALL IMPORT & EXPORT LTD.
LAWS(CAL)-2015-8-67
HIGH COURT OF CALCUTTA
Decided on August 28,2015

National Agricultural Cooperative Marketing Federation Of Indian Ltd. Appellant
VERSUS
R. Piyarelall Import And Export Ltd. Respondents

JUDGEMENT

- (1.) This appeal is against a judgement and order dated 29th June, 2015 passed by the learned Single Bench rejecting the application filed by the appellant, being AP No. 174 of 2015, under Section 34 of the Arbitration and Conciliation Act, 1996, hereinafter referred to as 'the 1996 Act', for setting aside an award, made by an arbitral tribunal of three arbitrators of the Indian Council of Arbitration, on 21st February, 2014, in arbitration of disputes between the appellant and the respondent, as rectified by an order dated 4th March, 2014.
(2.) The said application under Section 34 of the 1996 Act has been rejected on the ground that it had filed beyond a period of three months and thirty days from the date of receipt of the award, as corrected.
(3.) Section 34(3) provides as follows:- "An application for setting aside may not be made after three months have elapsed from the date on which the 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 been 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.";


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.