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Civil · Reportable judgment

Krishna Devi @ Sabitri Devi (Rani) M/s S.R. Engineering Construction vs Union of India & Ors.

Court
Supreme Court of India
Date
3 January 2025
Case No.
Civil Appeal No. 47 of 2025
Result
Allowed
Bench
Pamidighantam Sri Narasimha, Sandeep Mehta
Citation
[2025] 1 S.C.R. 81 : 2025 INSC 24
Acts & Sections
Arbitration Act, 1940 Limitation Act, 1963 CPC
Supreme Court Reports [2025] 1 S.C.R. 81 : 2025 INSC 24
Issue for consideration
Whether the time for filing an application under Section 17, Arbitration Act, 1940 commences when the party seeking to challenge the award receives a formal notice of the making of the award, or from the date such party is aware of the existence of the award.
Headnote

Arbitration Act, 1940 – ss.17, 14(2) – Award to be signed and filed – Judgment in terms of award – Limitation Act, 1963 – Article 119(b) of the First Schedule – 30 days period for filing objections to the award – Start of limitation, when – Appellant filed application u/s.17 on 10.11.2022 for pronouncement of the judgment in terms of the award – Dismissed by Trial Court holding that the application was premature as it was filed before the expiry of the 30 days period for filing objections to the award, reckoned from 18.11.2022, when formal notice of the Award was said to have been received by the respondent – Order upheld by High Court – Correctness:

Held: The date of receiving a copy of the award is not the requirement of Section 14(2), but merely awareness that it is available to the parties – Respondent had notice of filing of the award due to the order dated 21.09.2022, wherein the District Court directed the respondents to hand over the balance fee to the arbitrators, following which the award shall be furnished – Thus, respondent was fully aware of the making of the Award by 21.09.2022, for the law does not require a formal notice of the making of the Award, as against knowledge/notice of the Award – District Court and the High Court erred in holding that the limitation for filing objections was still running when the appellant filed the application under Section 17 on 10.11.2022 – The formal date of notice of filing of the award on the respondents, that is, 18.11.2022 holds no significance as they were made sufficiently aware of the award’s filing on 21.09.2022 itself – The court directing the respondents to clear the fees was a clear intimation about its filing – Limitation expired on 20.10.2022 – Thus, appellant’s application seeking pronouncement of judgment in terms of the award was valid and well beyond the period for filing objections to the award – Impugned order set aside. [Paras 18, 14, 2, 19, 20] Words and Phrases – ‘notice’; ‘service of notice’ – Arbitration Act, 1940 – ss.14, 17 – Award to be signed and filed – Judgment in terms of award – Limitation Act, 1963 – Article 119(b) of the First Schedule – 30 days period for filing objections to the award – Limitation to start running from when:

Read the full headnote (1 more paragraph)

Held: The limitation for filing objections to the award is 30 days, and is governed by Article 119(b) of the First Schedule to the Limitation Act, 1963 – The trigger for the limitation to start running specified therein is the date of service of notice of the filing of the award – Further, Section 14(2) requires that the court of relevant jurisdiction should give notice to the concerned parties when an award is filed – From a plain reading of the provisions, it appears that the parties need to be notified of the filing of award – While Art.119(b) of the Limitation Act requires that there be a ‘service of notice’ for the limitation to start running, Section 14(2) merely states that court ‘give notice’ to the parties – The precise form of what constitutes as a ‘notice’ of filing the award is unspecified – However, interpreted reasonably, what must be required is that the parties come to know about the existence of the award so that any objections to it may be filed – What appears from the usage of the word ‘notice’ is that the parties merely reach a state of awareness about the award and plan their next steps accordingly, and not the imposition of another procedural step. [Paras 14, 15]

Keywords: Application under Section 17, Arbitration Act, 1940 · Application to pronounce judgment according to the award · Premature · Limitation for filing objections to the award · Limitation to start running · Formal notice of the making of the award · Formal notice of the Award · Filing of the award · Formal date of notice of filing of the award · Date of receiving a copy of the award · Awareness about the award · Existence of the award · Knowledge/notice of the Award · Arbitrator’s fees

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

Full Judgment Text

Judgment Pamidighantam Sri Narasimha, J. 1. Leave granted. 2. The appellant’s husband secured an award in his favour on 31.05.2022 under the Arbitration Act, 1940, hereinafter referred to as the ‘Act’. Application under Section 17 of the Act was filed by the appellant on 10.11.2022 to pronounce the judgment according to the award, was dismissed by the Trial and the High Courts on the ground that the said application is premature as it was made before the expiry of the 30 days period, reckoned from 18.11.2022, when formal notice of the Award is said to have been received by the respondent.
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