LAWS(KER)-2017-6-28

PREMBUSHAN Vs. THULASIDAS

Decided On June 28, 2017
Prembushan Appellant
V/S
THULASIDAS Respondents

JUDGEMENT

(1.) Is there any period of limitation for filing an appeal under Section 37(1)(c) of the Arbitration and Conciliation Act, 1996 ('the Act' for short) against an order refusing to set aside an arbitral award under Section 34 thereof? The issue arises in the wake of the objection raised by the Registry in numbering the Arbitration Appeal in the absence of an application for condonation of delay. The appeal has been filed in this Court on 13.6.2017 against the order dated 16.10.2015 in OP. (Arbitration) No.755/2014 on the file of the Court of the District Judge. The appellant however maintains that no period of limitation is specified under the Act to maintain an appeal and that he has explained the delay in the application for stay itself.

(2.) It is true that Section 37 of the Act is silent as regards the period of limitation for filing an appeal against an order setting aside or refusing to set aside an arbitral award under Section 34 thereof. But the Kerala Arbitration and Conciliation (Court) Rules, 1997 ('the Rules' for short) framed under Section 82 of the Act by this Court throws light on the issue; Rule 11 of the Rules is as follows: "11. In matters not provided for in these Rules, the provisions of the Code of Civil Procedure, 1908, the Kerala Civil Rules of Practise, 1971 and the Circular orders issued by the High Court of Kerala from time to time shall mutatis mutandis apply to all proceedings under the Act including appeals." The period of limitation for filing an appeal under the Code of Civil Procedure, 1908 to this Court from any decree or order is ninety days from the date of the decree or order under Article 116(a) of the Limitation Act, 1963. It axiomatically follows that the period of limitation for filing an appeal under Section 37 of the Act against an order refusing to set aside an arbitral award is ninety days. This view finds support in Shiv Raj Singh v. Shri Ram Transport Finance Co. Ltd. (AIR 2011 Raj. 20) wherein Rajasthan Arbitration Rules, 2003 was called in aid.

(3.) The words 'appeals under the Code of Civil Procedure, 1908' occurring in Article 116 of the Limitation Act, 1963 apply wherever the procedure for filing of such appeals and its disposal is governed by the Code of Civil Procedure, 1908. The concurring judgment of Mr. Justice R.V. Raveendran in Consolidated Engineering Enterprises v. Principal Secretary, Irrigation Department and Ors. ((2008) 7 SCC 169) has clarified the position thus: