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Civil · Reportable judgment

Geojit Financial Services Ltd. vs Sandeep Gurav

Court
Supreme Court of India
Date
19 August 2025
Case No.
Civil Appeal No. 10970 of 2025
Result
Allowed
Bench
J.B. Pardiwala, K.V. Viswanathan
Citation
[2025] 8 S.C.R. 1427 : 2025 INSC 1021
Acts & Sections
Arbitration and Conciliation Act, 1996
Supreme Court Reports [2025] 8 S.C.R. 1427 : 2025 INSC 1021
Issue for consideration
Whether the High Court was justified in dismissing the appeal filed by the appellant on the ground that the appellant had not filed the arbitration petition u/s.34 of the Arbitration and Conciliation Act, 1996 within the period of limitation prescribed therein.
Headnote

Arbitration and Conciliation Act, 1996 – ss.33, 34(3) – Computation of period of limitation – High Court dismissed the appeal on the ground that the appellant had not filed the arbitration petition u/s.34 within the period of limitation prescribed therein – Appellant contended that the impugned order is in direct conflict with Ved Prakash’s decision as the period of limitation for challenging an award would, in terms of s.34(3) of the 1996 Act, commence only from the date on which an application filed u/s.33 of the Act 1996 is disposed of: Held: 1. The impugned order of the High Court does not reflect the correct position of law. [Para 20]

Read the full headnote (1 more paragraph)

2. Where an application u/s.33 of the 1996 Act has not been filed, the legislature was conscious enough to state that it would be the date of the receipt of the award which would earmark the commencement of limitation for an application for setting aside of an award in terms of s.34 of the 1996 Act – Whereas, in the case where an application u/s.33 of the 1996 Act has been filed, the legislature was conscious enough to lay down that it would be the date of disposal of such request or application, that would be the starting point for calculation of limitation – Where such an application u/s.33 of the 1996 Act is filed, irrespective of whether the arbitral tribunal upon considering such application, either makes or does not make any correction or modification or choose to render or to not render an additional award in terms of s.33 of the Act, 1996, the starting point for the period of limitation for challenging the same u/s.34(3) would be the date of disposal of such application u/s.33 by the arbitral tribunal as long as the application u/s.33 of the 1996 Act had been filed within the prescribed period of limitation – Any other interpretation to the contrary, would do violence to plain and unambiguous language used in s.34(3) of the Act, 1996 – What is of significance, u/s.34(3) of the Act, 1996 is the date on which the application or request u/s.33 came to be disposed by the arbitral tribunal – Where a request is made u/s.33 of the 1996 Act, it is immaterial for the purpose of computation of limitation u/s.34(3) whether such request fell within the purview of the said provision or not – What is material is only that such request was made in the manner delineated u/s.33 i.e., it fulfilled the twin conditions of being made; (I) “within thirty days from the receipt of the arbitral award” and (II) “with notice to the other party” stipulated therein – Thus, the impugned order passed by the High Court is set aside. [Paras 35(i), (ii), (iii), (iv), 37]

Keywords: Period of limitation · Computation of limitation u/s.34(3) · Arbitration petition u/s.34 not within the period of limitation · Date of the receipt of the award · Commencement of limitation for an application for setting aside of an award · Application u/s.33 of the Arbitration and Conciliation Act, 1996 · Starting point for calculation of limitation · Date of disposal of application u/s.33 · Correction or modification · Additional award · Within thirty days from the receipt of the arbitral award

As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Ankit Gyan. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

Order 1. Leave granted. 2. The respondent although served with the notice issued by this Court yet has chosen not to remain present before this Court either inperson or through an advocate and oppose this appeal. 3. This appeal arises from the order passed by the High Court of Judicature at Bombay dated 12.02.2021 in Appeal No.67 of 2019 by which the appeal filed by the appellant herein under Section 37 of the Arbitration and Conciliation Act, 1996 (for short the “1996 Act”) came to be dismissed on the ground that the appellant had not filed the arbitration petition under Section 34 of the
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