LAWS(MPH)-2023-7-117

NOUMLA BROTHERS, GUNTUR Vs. RUCHI WORLD WIDE LTD

Decided On July 06, 2023
Noumla Brothers, Guntur Appellant
V/S
Ruchi World Wide Ltd Respondents

JUDGEMENT

(1.) The appellant has filed the present arbitration appeal being aggrieved by the award dtd. 23/1/2013 passed by 22nd District Judge, Indore in MJC AV No.14/2018 whereby the application filed u/s. 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as "the Act of 1996" for short) has been dismissed as time-barred.

(2.) Facts of the case, in short, are as under :

(3.) According to the appellant, the fact regarding the dismissal of the SLP came to its knowledge on 28/11/17 when notice of the Execution Case No.153/2017 was received t for appearance. Then, the appellant preferred application 34 of the Act of 1996 before the District Court, Indore challenging the award dtd. 4/8/2012. Since there was a delay in applying, therefore, an application u/s. 14 of the Limitation Act was also filed . Respondent No.1 opposed the application by submitting that the limitation beyond 120 days cannot be condoned, hence, the application u/s. 34 of the Act of 1996 is not maintainable and liable to be dismissed.