Supreme Court Clarifies Objection Period Commencement under Arbitration Act

Supreme Court Clarifies Objection Period Commencement under Arbitration Act

  • Case Name: Krishna Devi @ Sabitri Devi (Rani) M/s. S.R. Engineering Construction Vs. Union
  • Judge(s): Mr. PS Narasimha, Mr. Sandeep Mehta

The Supreme Court of India has clarified that the 30-day limitation period for filing objections against an arbitral award under Section 17 of the Arbitration Act, 1940, commences from the date the objector becomes aware of the award's existence, not necessarily from the date of receiving formal notice. 

This ruling overturned lower court decisions that had delayed the objection period, emphasizing that parties cannot exploit a lack of formal notice to extend their time for challenging an award. 

The Court cited the precedent of Bharat Coking Coal Ltd. v. C.K. Ahuja (1995), which held that awareness of an award's availability, even without formal notice, triggers the limitation period. 

Law Trend / 5 months ago

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