STATE OF GOA versus M/S. WESTERN BUILDERS

STATE OF GOA versus M/S. WESTERN BUILDERS

Section 14 of the Limitation Act, 1963 is applicable to proceedings under section 34 of the Arbitration and Conciliation Act, 1996; there is no express provision excluding its operation. The period spent bona fide pursuing remedy in a court without jurisdiction may be excluded in computing limitation for filing an application to set aside an arbitral award.

Parties
Appellant: State of Goa; Respondent: M/s. Western Builders
Jurisdiction
India
Judgment Date
05 July 2006
Procedural Posture
Civil Appeal / Supreme Court Final Judgment
Outcome
Appeals allowed
Legal Topics
Applicability of Limitation Act to Arbitration and Conciliation Act, Exclusion of Limitation Act Provisions, Interpretation of Statutes
Arbitration Limitation Applicability of Limitation Act to Arbitration and Conciliation Act Exclusion of Limitation Act Provisions Interpretation of Statutes

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Parties

State of Goa

Appellant

M/s. Western Builders

Respondent

Procedural Posture

Civil Appeal / Supreme Court Final Judgment

Legal Issues

  1. 1 Is section 14 of the Limitation Act, 1963 applicable to proceedings under section 34 of the Arbitration and Conciliation Act, 1996?
  2. 2 Does section 34(3) of the Arbitration Act exclude section 14 of the Limitation Act?

Ratio Decidendi

Section 14 of the Limitation Act, 1963 is applicable to proceedings under section 34 of the Arbitration and Conciliation Act, 1996; there is no express provision excluding its operation. The period spent bona fide pursuing remedy in a court without jurisdiction may be excluded in computing limitation for filing an application to set aside an arbitral award.

Court Disposition

Appeals allowed

Orders

  • Judgments/orders of courts below are set aside.
  • Cases remanded to Trial/District Court to decide application under section 14 of Limitation Act, 1963 on merits.