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Civil · Reportable judgment

M/s R. K. Transport Company vs M/s Bharat Aluminum Company Ltd. (BALCO)

Court
Supreme Court of India
Date
3 April 2025
Case No.
Civil Appeal No. 4763 of 2025
Result
Dismissed
Bench
Pamidighantam Sri Narasimha, Prashant Kumar Mishra
Citation
[2025] 5 S.C.R. 401 : 2025 INSC 438
Acts & Sections
Limitation Act, 1963 Arbitration and Conciliation Act, 1996
Supreme Court Reports [2025] 5 S.C.R. 401 : 2025 INSC 438
Issue for consideration
Matter pertains to the applicability of s.12 of the Limitation Act to proceedings u/s.34 of the Arbitration and Conciliation Act, 1996; and whether the application filed by the respondent u/s.34 was barred by limitation.
Headnote

Arbitration and Conciliation Act, 1996 – s.34 – Limitation Act, 1963 – s.12 – Limitation period for filing an application to set aside an arbitral award – Applicability of s.12 of the 1963 Act to s. 34 proceedings – On facts, arbitral award in favour of the appellant signed and delivered to respondent on 09.04.2022 – Respondent filed application to set aside the award on 11.07.2022 – Trial court held the application to be within limitation as the 3-month period expired on 09.07.2022, which was a second Saturday and the following day was a Sunday, and since the court was closed on these days, the respondent filed application on the next working day-11.07.2022 – Recall application by appellant – Trial court allowed the same holding that s.34 application was barred by limitation as the 3-month period expired on 08.07.2022 on which day the court was working – Appeal u/s.37 by respondent, allowed by the High Court – Correctness:

Held: Statutory language of s.34(3) clearly stipulates the limitation period as “three months”, as opposed to the condonable period as “thirty days” – Difference in language unambiguously demonstrates the legislative intent that the limitation period is 3 calendar months as opposed to 90 days – Thus, it cannot be said that 3 months must be read as 90 days in the context of s.34(3) – Nothing in the statutory language or scheme of s.34(3) that is contraindicative that s.12(1) does not apply – On facts, since s.12(1) applies, date of receiving signed copy of award must be excluded and 3-month limitation period must be reckoned from 10.04.2022 which expires on 09.07.2022, which was a second Saturday when the court was not working – Benefit of s.4 of the Limitation Act will inure to the benefit of the respondent – Thus, the respondent’s application filed on 11.07.2022-next working day of the court, must be considered as being filed within the limitation period – No delay in filing the application and sufficient cause need not be shown for condonation of delay – High Court rightly allowed the appeal u/s.37 and held that the respondent’s application u/s.34 was filed within the limitation period. [Paras 8, 12-15]

Keywords: Barred by limitation · Arbitral award · Limitation period as “three months” · Condonable period as “thirty days” · Working day of the court · Recall application · 3 months not 90 days · Condonable period · Limitation Act applicable to arbitration proceedings · Excluding day of receiving signed copy of award

As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Nidhi Jain. 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. It is just as necessary to follow a precedent as it is to make a precedent. 3. The present appeal arises out of an order of the Chhattisgarh High Court dated 27.09.2024 by which it allowed the respondent’s appeal under Section 37 of the Arbitration and Conciliation Act, 19961 and held the respondent’s application under Section 34 as being filed within the limitation period. 4. The short facts necessary for adjudication are as follows. The parties entered into a contract on 01.04.2002 for bauxite mining and delivery. Pursuant to
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