MADAN LAL versus SUNDERLAL & ANOTHER

MADAN LAL versus SUNDERLAL & ANOTHER

If a party seeks to set aside an arbitral award on grounds under s. 30 of the Arbitration Act, 1940, it must apply within 30 days of notice of the award's filing as per Art. 158 of the Limitation Act, 1908. Objections of this kind filed outside the limitation period cannot be entertained or treated as applications to set aside, and the court's power to intervene suo motu on such grounds is also subject to this limitation.

Parties
Appellant: Madan Lal; Respondent: Sunderlal; Respondent: Another (respondent no. 2)
Jurisdiction
India
Judgment Date
09 March 1967
Procedural Posture
Civil Appeal / Supreme Court Appeal (on Certificate) From Judgment and Decree Dated April 15, 1963 of the Allahabad High Court, Lucknow Bench in First Appeal From Order No. 30 of 1960
Outcome
Appeal dismissed with costs.
Legal Topics
Setting Aside Arbitration Awards, Objections to Arbitral Award, Limitation Period for Challenging Awards
Arbitration Limitation Setting Aside Arbitration Awards Objections to Arbitral Award Limitation Period for Challenging Awards

Case Brief

Summary, issues, holding and outcome

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Parties

Madan Lal

Appellant

Sunderlal

Respondent

Another (respondent no. 2)

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal (on Certificate) From Judgment and Decree Dated April 15, 1963 of the Allahabad High Court, Lucknow Bench in First Appeal From Order No. 30 of 1960

Legal Issues

  1. 1 Whether an objection to the validity of an arbitration award, filed more than 30 days after service of notice of award filing, can be entertained under s. 30 of the Arbitration Act, 1940 and Art. 158 of the Limitation Act, 1908

Ratio Decidendi

If a party seeks to set aside an arbitral award on grounds under s. 30 of the Arbitration Act, 1940, it must apply within 30 days of notice of the award's filing as per Art. 158 of the Limitation Act, 1908. Objections of this kind filed outside the limitation period cannot be entertained or treated as applications to set aside, and the court's power to intervene suo motu on such grounds is also subject to this limitation.

Court Disposition

Appeal dismissed with costs.