NHAI challenged dismissal of its Section 34 petition against a land acquisition arbitration award dated 26.07.2019. The High Court held the petition filed on 09.04.2021 was far beyond three months and thirty days and no Suo Motu Writ 3/2020 extension applied since limitation had expired before 15.03.2020.
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NC: 2024:KHC:50438-DB MFA No. 3399 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF DECEMBER, 2024
PRESENT
THE HON'BLE MR JUSTICE V KAMESWAR RAO
AND
THE HON'BLE MR JUSTICE S RACHAIAH MISCELLANEOUS FIRST APPEAL NO. 3399 OF 2023 (AA)
BETWEEN:
NATIONAL HIGHWAYS AUTHORITY OF INDIA, PROJECT IMPLEMENTATION UNIT-BANGALORE, SY NO.13, 14TH KM, NAGASANDRA, BANGALORE-TUMKUR ROAD, BANGALORE-560 073. REP BY ITS PROJECT DIRECTOR, K.B JAYAKUMARA.
…APPELLANT
(BY SRI. PRAKASH ANGADI B V., ADVOCATE)
AND:
Digitally signed by K G RENUKAMBA Location: High Court of Karnataka
NC: 2024:KHC:50438-DB MFA No. 3399 of 2023
…RESPONDENTS
(BY SRI. P NATARAJU., ADVOCATE FOR R1)
(BY SRI.ADITYA VIKRAM BHAT, AGA FOR R2 AND R3)
MFA FILED UNDER SECTION 37(1)(c) OF THE ARBITRATION AND CONCILIATION ACT, AGAINST THE ORDER DATED 12.11.2021 PASSED IN ARBITRATION PETITION NO.10014/2021 ON THE FILE OF THE IV ADDITIONAL DISTRICT AND SESSIONS JUDGE, DODDABALLAPURA, BENGALURU RURLA DISTRICT, DISMISSING THE ARBITRATION PETITION FILED UNDER SECTION 34(3) OF THE ARBITRATION AND CONCILIATION ACT.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE V KAMESWAR RAO
and
HON'BLE MR JUSTICE S RACHAIAH
ORAL JUDGMENT
(PER: HON'BLE MR JUSTICE V KAMESWAR RAO)
This appeal arises from the order passed by the learned IV Additional District and Sessions Judge, Bangalore Rural District, Doddaballapura, in A.P.No.10014/2021 dated 12.11.2021, whereby the learned Sessions Judge has dismissed
NC: 2024:KHC:50438-DB MFA No. 3399 of 2023
the petition filed by the plaintiff No.1/appellant herein under Section 34 of the Arbitration and Conciliation Act, read with Order 7 Rule 1 of the CPC by stating as under:
“13. xx xx xx xx xx xx xx …
The ratio laid down in the above referred decisions, undisputedly settled the position of law that if s0.pecial period of limitation has been prescribed for making application for any condonation of delay or for any other purpose then that period of limitation prescribed under the special law shall prevail and to that extent the provisions of the Limitation Act shall stand excluded. To this extent there is no dispute. Admittedly the award was passed on 26.07.2019 and certified copy was issued on 07.08.2019. Therefore, the presumption has to be drawn that the award was communicated to the plaintiff on 07.08.2019 the date on which the certified copy was issued. In the above circumstances, I am of the view that the suit is being badly barred under Section 34(3) of Arbitration and Conciliation Act is liable to be dismissed and the Court has no power to condone the delay beyond the maximum extended period of 30 days, in any circumstances. Accordingly I answered the point No.1 & 2 in the Negative.
NC: 2024:KHC:50438-DB MFA No. 3399 of 2023
POINT NO.3:
14. For the afore said reasons and discussion, I proceed to pass the following;
ORDER
The application filed by the plaintiff under Sec. 34 (3) of Arbitration and Conciliation Act is dismissed. IV ADDI
Consequently, the suit filed by the plaintiff U/ Sec. 34 of Arbitration and Conciliation Act is dismissed as not maintainable.
No order as to cost.
Send the copy of this judgment along with L.C.R. to the Office of 2nd respondent forthwith.
dispute, and infact agree to the fact that, the award challenged under Section 34 of the Act, is dated 26.07.2019. The copy of the award was issued to the appellant-NHAI on 07.08.2019, whereas, the petition is filed under Section 34 of the Arbitration and Conciliation Act, 1996, was filed on 09.04.2021, as noted by the learned Sessions Judge at page No.13 of the impugned order dated 12.11.2021.
much beyond three months and thirty days, the period
contemplated under Section 34 (3) of the Arbitration and Conciliation Act of 1996. We must state that, the appellant shall not be entitled to the benefit of the judgment of the
HON’BLE SUPREME COURT in the SUO-MOTO WRIT PETITION being 3/2020, as the limitation to file the petition under Section 34 of the Act had expired much before 15.03.2020.
same is dismissed.
consideration and the stand disposed of.
Sd/(V KAMESWAR RAO) JUDGE
Sd/(S RACHAIAH) JUDGE
SMC
List No.: 1 Sl No.: 12
1 issue framed by the court
Whether the Section 34 petition filed on 09.04.2021 against an award communicated on 07.08.2019 was barred by limitation under Section 34(3).
3 provisions across 3 enactments
NATIONAL HIGHWAYS AUTHORITY OF INDIA, PROJECT IMPLEMENTATION UNIT-BANGALORE, REP BY ITS PROJECT DIRECTOR
SRI M T BALAKRISHNA
THE ARBITRATOR AND DEPUTY COMMISSIONER, BANGALORE RURAL DISTRICT, BANGALORE
THE SPECIAL LAND ACQUISITION OFFICER AND COMPETENT AUTHORITY (NHAI), HOSKOTE-DOBBASPET SECTION, NELAMANGALA
V KAMESWAR RAO
S RACHAIAH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
