Case Note & Summary
The dispute arose between two brothers regarding a property in Patna, which was referred to arbitration. An Award was declared on 21st January 1996, and the Arbitrator filed the Award in the Court on 14th May 1996. The Respondent filed a Caveat on 11th June 1996, requesting to be heard before any order was passed on the Award. The Court issued a notice regarding the filing of the Award on 16th July 1996, which the Respondent received on 25th July 1996. The Respondent filed objections to the Award on 21st August 1996, which the Appellant contended were beyond the limitation period. The trial Court ruled that the objections were filed within the limitation period, leading to the Appellant's Civil Revision being dismissed. The Supreme Court was tasked with determining when the limitation period for filing objections commenced. It was established that under Article 119 of the Limitation Act, 1963, the limitation period starts from the date of service of notice of the filing of the Award by the Court. The Court referenced previous judgments to clarify that notice could be oral or written, but must originate from the Court. The Court ultimately upheld the trial Court's decision, affirming that the Respondent's objections were timely filed.
Headnote
A) Arbitration Law - Limitation Period - Commencement of Limitation - Limitation Act, 1963, Article 119; Arbitration Act, 1940, Section 14 - The court held that the limitation for filing objections to an Award commences from the date of service of notice of the filing of the Award by the Court, not from the date of the Award itself. The Respondent's objections were deemed timely as they were filed within the limitation period calculated from the Court's notice (Paras 1-3).
Issue of Consideration
When does the period of limitation for filing objections to an Award commence?
Final Decision
The Supreme Court upheld the trial Court's decision that the Respondent's objections to the Award were filed within the limitation period, which commenced from the date of the Court's notice.
Law Points
- Limitation period
- Arbitration
- Notice
- Filing of Award
- Caveat
