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The Kerala High Court has made it clear that Section 5 Limitation Act has no application in condoning the delay in filing an application challenging for setting aside an arbitral award under Section...
In NHAI v. M Hakeem & Anr, Supreme Court had said that a Section 34 court can only set aside an arbitral award and not modify it.
The petitioners had availed financial assistance from the Non Banking Financial Companies and could not repay the outstanding dues, leading to initiation of the arbitration.
Partially upholding arbitral awards, which would not amount to a modification, is not confined to scenarios under Section 34(2)(a), but can be applied in all scenarios under Section 34, the Court held.
The Madhya Pradesh High Court, Indore Bench recently observed that the relief of possession is not required to be sought by a Plaintiff in a Suit for cancellation of Sale Deed when the Plaintiff is a...