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Section 34 Petition – Interplay of Limitation and Section 12 of the Limitation Act

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Section 34 Petition – Limitation – Section 12(1) of the Limitation Act

On 9.4.2022, the Arbitral Award for Rs.51,33,40,100/- was passed in favour of the appellant.

On the same day, the Award was signed and given to the respondent.

Three months limitation period expired on 9.7.2022, which was a second Saturday, following day was Sunday and on 11.7.2022 of court working day, the respondent filed section 34 petition with stay application.

However, it was held that the limitation expired on 8.7.2022 which was court working day and section 34 petition is barred by limitation.

Section 12 of the Limitation Act provides that in computing the period of limitation for any application, the day from which such period is to be reckoned, shall be excluded.  

HELD that the applicability of Section 12 of the LA to section 34 petitions is not excluded, the respondent received signed copy of the Award on 9.4.2022, applying section 12(1) of the Limitation Act, the said date is to be excluded and therefore, the limitation must be reckoned from 10.4.2022.  Since the said period expired on 9.7.2022 which was holiday, the petition filed on 11.7.2022 next court working day is within limitation.

Judgment dated 3.4.2025 of the Supreme Court of India in Civil Appeal No.4763 of 2025 of M/s. R.K. Transport Company   Vs.   M/s. Bharat Aluminum Company Ltd

 

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