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M/s.Jrs Insfrastructure, v. M/s Sundaram Finance Ltd.

Madras HC20 Feb 2025A/151/2025

Case brief

AI extract

What is this about?

Condonation of delay; Section 34 Arbitration and Conciliation Act; Section 34(3) limitation (three months + 30 days); last date for saving limitation; e-filing on the last day; medical emergency as sufficient cause; maintainability of delayed Section 34 petition; impugned Arbitral Award dated 25.07.2024; M/s.JRS Infrastructure and another v. M/s.Sundaram Finance Ltd.; Madras High Court; Arb.O.P. (Com.Div.).

What did the court decide?

Condonation of the delay of 30 days in filing the petition under Section 34 of the Arbitration and Conciliation Act to challenge the impugned Arbitral Award; Registry directed to number the O.P. if otherwise in order and list the same for admission. ¶27

M/s.Jrs Insfrastructure, Vs M/s Sundaram Finance Ltd. — Arbitration | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the application to condone the 30-day delay in filing the petition under Section 34 of the Arbitration and Conciliation Act is maintainable, given the respondent's contention that the filing is beyond the limitation period prescribed under Section 34(3) (three months + 30 days). +1 more

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Court's answer

The application is maintainable because it was e-filed on 25.11.2024, which is the last date for saving limitation (three months plus 30 days from receipt of the Arbitral Award on 27.07.2024).

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Ratio / Principle

Sufficient reasons (medical emergency) having been given by the applicants for not presenting the petition on time, the Court condoned the 30-day delay in filing the Section 34 petition to challenge the impugned Arbitral Award and allowed the application as prayed for.

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Detailed headnote1 paragraphs

Madras High Court (Abdul Quddhose, J.; order dated 20.02.2025) in A.No.151 of 2025 in Arb.O.P. (Com.Div.) DR. No.174606 of 2024: application seeking condonation of 30 days' delay in filing a petition under Section 34 of the Arbitration and Conciliation Act to challenge an Arbitral Award dated 25.07.2024, received by the applicants on 27.07.2024. The three-month period expired on 26.10.2024; the condonation application was e-filed on 25.11.2024, the last date for saving limitation (three months + 30 days), and was therefore held maintainable notwithstanding the respondent's objection under Section 34(3). The delay was attributed to a medical emergency; the Court found sufficient reasons had been given, condoned the 30-day delay, and allowed the application as prayed for, directing the Registry to number the O.P. if otherwise in order and list it for admission.

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 20.02.2025

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CORAM

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THE HONOURABLE MR JUSTICE ABDUL QUDDHOSE

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A.No.151 of 2025 in Arb.O.P. (Com.Div.) DR. No.174606 of 2024

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M/s.JRS Infrastructure and another .. Applicants

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M/s.Sundaram Finance Ltd. .. Respondent

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ORDER

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This application has been filed seeking to condone the delay of 30 days in

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filing the petition filed under Section 34 of the Arbitration and Conciliation Act.

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2.According to the applicants, the impugned Arbitral Award dated 25.07.2024 was received by them from the Arbitrator only on 27.07.2024. Therefore, according to the applicants, there is a delay of 30 days in filing the petition under Section 34 of the Arbitration and Conciliation Act.

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3.According to the respondent, the delay in filing the petition under Section 34 of the Arbitration and Conciliation Act is beyond the period of limitation as prescribed under Section 34(3) of the Arbitration and Conciliation Act. According to the respondent, since the petition has been filed beyond the statutory period

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https://www.mhc.tn.gov.in/judis

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(three months + 30 days), this application is not maintainable.

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4.As seen from the records, the following dates are noted:

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a)The Award is dated 25.07.2024;

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b)The applicant has received the Arbitral Award from the Arbitrator on

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27.07.2024; and

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c)The three months period from 27.07.2024 expires on 26.10.2024.

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5.This application seeking to condone the delay of 30 days was e-filed on

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25.11.2024. As seen from the aforementioned dates, the last date for filing an application seeking to condone the delay falls on 25.11.2024, which is the date on which the applicant has e-filed this application seeking to condone the delay of 30 days in filing the petition under Section 34 of the Arbitration and Conciliation Act.

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6.Since this application has been filed on the last date for saving limitation, this Court is of the considered view that this application is maintainable. With regard to the reasons for not filing the petition on time, the applicants have stated that even though papers were made ready even prior to the three months period stipulated under Section 34 of the Arbitration and Conciliation Act for filing the petition under Section 34 of the Arbitration and Conciliation Act, the applicants

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https://www.mhc.tn.gov.in/judis 2/4

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had a medical emergency and due to the said reasons, they could not instruct their Advocate to file the petition on time.

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7.Though the said reason given by the applicants has been disputed by the respondent as seen from the counter filed before this Court, this Court, after giving due consideration to the fact that sufficient reasons have been given by the applicants for not presenting the petition on time, is inclined to condone the delay of 30 days in filing the petition under Section 34 of the Arbitration and Conciliation Act to challenge the impugned Arbitral Award. Accordingly, this application is allowed as prayed for.

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Registry is directed to number the O.P. if it is otherwise in order and list the same for admission.

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20.02.2025

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vga

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https://www.mhc.tn.gov.in/judis 3/4

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ABDUL QUDDHOSE,J.

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