UNION OF INDIA versus M/S. POPULAR CONSTRUCTION CO.

UNION OF INDIA versus M/S. POPULAR CONSTRUCTION CO.

The provisions of Section 5 of the Limitation Act, 1963, are not applicable to applications challenging an arbitral award under Section 34 of the Arbitration and Conciliation Act, 1996. The time limit in Section 34 is absolute and unextendable, and the phrase 'but not thereafter' constitutes an express exclusion of...

Source-derived case information.

Parties
Appellant: Union of India; Respondent: Mis. Popular Construction Co.
Jurisdiction
India
Judgment Date
05 October 2001
Procedural Posture
Civil Appeal / Supreme Court Appeal From Bombay High Court Judgment
Outcome
Appeal dismissed
Legal Topics
Applicability of Limitation Act to Arbitration Act, Interpretation of 'but Not Thereafter' in Section 34, Judicial Intervention in Arbitral Awards
Arbitration Law Limitation Law Applicability of Limitation Act to Arbitration Act Interpretation of 'but Not Thereafter' in Section 34 Judicial Intervention in Arbitral Awards

Source-derived case record

Summary, issues, holding and outcome

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Parties

Union of India

Appellant

Mis. Popular Construction Co.

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal From Bombay High Court Judgment

Legal Issues

  1. 1 Are the provisions of Section 5 of the Limitation Act, 1963 applicable to applications challenging arbitral awards under Section 34 of the Arbitration and Conciliation Act, 1996?

Ratio Decidendi

The provisions of Section 5 of the Limitation Act, 1963, are not applicable to applications challenging an arbitral award under Section 34 of the Arbitration and Conciliation Act, 1996. The time limit in Section 34 is absolute and unextendable, and the phrase 'but not thereafter' constitutes an express exclusion of Section 5 within the meaning of Section 29(2) of the Limitation Act.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed without any order as to costs.