Case Note & Summary
The State of Goa appealed under Section 37 of the Arbitration and Conciliation Act, 1996 against the rejection of its objections under Section 34 of the Act by the Principal District Judge, North Goa. The dispute originated from a 1987 contract for constructing the Mandovi Bridge, with arbitration initiated under the Arbitration Act, 1940. An arbitral award dated 08.08.1997 favored the Respondent, Post-enactment of the Act of 1996, jurisdictional issues arose, leading to the civil court returning the award. The Appellant filed objections under Section 34 nearly three years after the award, which were rejected as time-barred. The High Court dismissed the appeal, affirming the district court's decision on limitation and jurisdictional grounds.
Headnote
The High Court of Bombay at Goa dismissed an appeal filed by the State of Goa under Section 37 of the Arbitration and Conciliation Act, 1996 (the Act of 1996) -- The appeal challenged the Judgment and Order dated 22.02.2016 passed by the Principal District Judge, North Goa, which rejected the Appellant's objections under Section 34 of the Act of 1996 -- The dispute arose from a contract for construction of the Bridge, with an Arbitral Award dated 08.08.1997 in favor of the Respondent -- Key legal issues included the applicability of the Arbitration Act, 1940 versus the Act of 1996, the jurisdiction of civil courts, and the timeliness of objections under Section 34 -- The Court held that the objections were barred by limitation and that the civil court correctly declined jurisdiction post-enactment of the Act of 1996 -- The appeal was dismissed, upholding the arbitral award
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Issue of Consideration: The Issue of Consideration mentioned in the Judgement is the appeal under Section 37 of the Arbitration and Conciliation Act, 1996 against the rejection of objections under Section 34 of the Act of 1996
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Final Decision
The High Court dismissed the appeal, upholding the Principal District Judge's rejection of objections under Section 34 of the Arbitration and Conciliation Act, 1996, as they were barred by limitation and the civil court correctly declined jurisdiction
