M/S ENGINEER BUILDER & ASSOCIATES versus UNION OF INDIA & ORS.

M/S ENGINEER BUILDER & ASSOCIATES versus UNION OF INDIA & ORS.

The court held that applications for setting aside an arbitral award under Sections 30 and 33 of the Jammu and Kashmir Arbitration Act, 1945 must be filed within thirty days from the service of notice of the award, as prescribed by Section 49(2) and Fourth Schedule, and the court has no power to condone delay under Section 5 of the Jammu and Kashmir Limitation Act as its application is excluded by Section 29(2) unless specifically made applicable, which is not the case here.

Parties
Appellant: MIS ENGINEER BUILDER & ASSOCIATES; Respondent: Union of India & Ors.
Jurisdiction
India
Judgment Date
10 February 2014
Procedural Posture
Civil Appeal / Appeal Against Division Bench Order of the High Court of Jammu & Kashmir
Outcome
Appeals allowed
Legal Topics
Setting Aside Arbitral Awards, Condonation of Delay, Interpretation of Statutes
Arbitration Limitation Setting Aside Arbitral Awards Condonation of Delay Interpretation of Statutes

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

MIS ENGINEER BUILDER & ASSOCIATES

Appellant

Union of India & Ors.

Respondent

Procedural Posture

Civil Appeal / Appeal Against Division Bench Order of the High Court of Jammu & Kashmir

Legal Issues

  1. 1 Whether the court can condone delay in filing application for setting aside arbitral award under Jammu and Kashmir Arbitration Act, 1945
  2. 2 What is the period of limitation for such applications

Ratio Decidendi

The court held that applications for setting aside an arbitral award under Sections 30 and 33 of the Jammu and Kashmir Arbitration Act, 1945 must be filed within thirty days from the service of notice of the award, as prescribed by Section 49(2) and Fourth Schedule, and the court has no power to condone delay under Section 5 of the Jammu and Kashmir Limitation Act as its application is excluded by Section 29(2) unless specifically made applicable, which is not the case here.

Court Disposition

Appeals allowed

Orders

  • Observations of High Court regarding filing application for condonation of delay under Sections 30 and 33 of Act of 1945 set aside.
  • Parties to bear their own costs.