9911796707
TMI Blog2012 (1) TMI 412X X X X Extracts X X X X X X X X Extracts X X X X ..... parties concerning these contracts and to resolve such disputes, sole arbitrator was appointed by the Chief Justice of Gauhati High Court on March 26, 2002 under Section 11 of the Arbitration and Conciliation Act, 1996 (for short, '1996 Act'). On May 10, 2002 the Appellants filed application under Section 16 of the 1996 Act questioning the jurisdiction of the sole arbitrator as according to the Appellants there was no arbitration clause in the agreement. This application came to be rejected by the sole arbitrator. 2. Thereafter, the sole arbitrator proceeded with the arbitration and passed two awards in relation to the above contracts in favour of the Respondents on August 22, 2003. The awards were received by the Appellants on Au ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Act that defines 'period of limitation' and Section 43 of the 1996 Act that makes the 1963 Act applicable to arbitration matters. 6. Mr. Shyam Divan, Learned Senior Counsel for the Respondents, on the other hand, submitted that the High Court did not commit any error in upholding the view of the District Judge, Kamarup, Guwahati. According to the Learned Senior Counsel, the High Court's view is consistent with Section 34(3) of the 1996 Act, particularly proviso (3) thereof. 7. Section 34(3) of the 1996 Act provides that an application for setting aside an award may be made within three months of the receipt of the arbitral award. The proviso that follows Sub-section (3) of Section 34 provides that on sufficient cause being sho ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ction 34(3) and held that an application for setting aside arbitral award under Section 34 of the 1996 Act has to be made within the time prescribed under Sub-section (3) of Section 34, i.e., within three months and a further period of 30 days on sufficient cause being shown and not thereafter. 10. Section 43(1) of the 1996 Act provides that the 1963 Act shall apply to arbitrations as it applies to proceedings in court. The 1963 Act is thus applicable to the matters of arbitration covered by the 1996 Act save and except to the extent its applicability has been excluded by virtue of the express provision contained in Section 34(3) of the 1996 Act. 11. The facts in the present case are peculiar. The arbitral awards were received by the Appe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ny day within the meaning of this section if during any part of its normal working hours it remains closed on that day. 13. The above Section enables a party to institute a suit, prefer an appeal or make an application on the day court reopens where the prescribed period for any suit, appeal or application expires on the day when the court is closed. The crucial words in Section 4 of the 1963 Act are 'prescribed period'. What is the meaning of these words? Section 2(j) of the 1963 Act defines 'period of limitation' which means the period of limitation prescribed for any suit, appeal or application by the Schedule, and 'prescribed period' means the period of limitation computed in accordance with the provisions of th ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
