Union of India v. M/S Vishwa-Bvsr Jv
Case brief
What is this about?
O.M.P.(COMM) 375/2024; Union of India v. M/S Vishwa-BVSR JV; Section 34(3) Arbitration and Conciliation Act 1996; limitation for setting aside arbitral award; Section 33 correction application; commencement of limitation from formal disposal of Section 33 application; condonation of delay; sufficient cause; miscalculation of statutory period; Delhi High Court (Original-Side Rules) 2018; Practice Directions for Electronic Filing; 4:00 p.m. filing cut-off; Geojit Financial Services Ltd. v. Sandeep Gurav; Tefcil Breweries Ltd. v. Alfa Laval India (P) Ltd; amended arbitral award dated 30.12.2023; petition time-barred; Harish Vaidyanathan Shankar J.
What did the court decide?
Adopting the principle laid down in Geojit Financial Services Ltd. v. Sandeep Gurav and Tefcil Breweries Ltd. v. Alfa Laval India (P) Ltd, where a party has filed an application under Section 33, the three-month limitation period under Section 34 begins from the date on which the Section 33 application is formally disposed of by the arbitral tribunal, and not from the date on which a corrected or signed award is received by the party; limitation therefore ran from 30.12.2023.