BENARSI KRISHNA COMMITTEE AND ORS. versus KARMYOGI SHELTERS PVT. LTD.
Service of arbitral award on party's advocate does not constitute service on the party for purposes of limitation under Arbitration and Conciliation Act, 1996. Accordingly, limitation for filing an application under sec. 34(3) commences when the signed award is delivered to the party itself.
- Parties
- Petitioner: Benarsi Krishna Committee and Others; Respondent: Karmyogi Shelters Pvt. Ltd.
- Jurisdiction
- India
- Judgment Date
- 21 September 2012
- Procedural Posture
- Special Leave Petition (civil) / Appeal From Division Bench Judgment of Delhi High Court Remanding Matter to Single Judge
- Outcome
- Petition dismissed
- Legal Topics
- Service of Arbitral Award, Computation of Limitation, Meaning of 'party' Under Arbitration Act
Case Brief
Summary, issues, holding and outcome
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Parties
Benarsi Krishna Committee and Others
Petitioner
Karmyogi Shelters Pvt. Ltd.
Respondent
Procedural Posture
Special Leave Petition (civil) / Appeal From Division Bench Judgment of Delhi High Court Remanding Matter to Single Judge
Legal Issues
- 1 Whether service of an arbitral award on counsel amounts to service on the party itself under Arbitration and Conciliation Act, 1996 sections 31(5) and 34(3)
Ratio Decidendi
Service of arbitral award on party's advocate does not constitute service on the party for purposes of limitation under Arbitration and Conciliation Act, 1996. Accordingly, limitation for filing an application under sec. 34(3) commences when the signed award is delivered to the party itself.
Court Disposition
Petition dismissed
Orders
- Special Leave Petition dismissed
- No order as to costs
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