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Supreme Court”) in the matter of Government of Maharashtra v. M/s Borse Brothers Engineers & Contractors Pvt. Ltd. (“ Borse Brothers”) overturned one of its earlier verdict in the matter of NV International V. State of Assam (“ NV International”). 1 The Supreme Court clarified that an aggrieved party must file an appeal under Section 37 of the Arbitration and Conciliation Act, 1996 (“ A&C Act”) within 60 days from date of order. The Supreme Court further held that a delay in filing appeals under Section 37 of the A&C Act can be condoned by the appellate court. However, such condonation must be granted only by way of exception and is permissible if the delay is ‘short’.
Supreme Court of India (File photo) NEW DELHI: With high commercial value disputes getting regularly referred to arbitration in India, the Supreme Court has decided to sort out prevailing confusion over what is the limitation period for filing of appeal against arbitral award - 90 days or 120 days. But, the attempt to clear the confusion saw parallel proceedings in the Supreme Court as two coordinate benches took up the matter and passed orders. The confusion over the limitation period for filing appeal against arbitral awards arose from judgements of the SC, one holding that it was 90 days while others stating that it was extendable to 120 days.
In a recent order passed in the matter of Union of India v. M/s Associated Construction Co. 1, the Hon'ble Supreme Court highlighted the uncertainty surrounding the period of limitation applicable on appeals filed under Section 37 of the Arbitration and Conciliation Act, 1996 ( Arbitration Act). In the instant case, an arbitral award was challenged by the Union of India ( Petitioner) under Section 34 of the Arbitration Act. The High Court dismissed the objections of the Petitioner in the application filed under Section 34 of the Arbitration Act. The Petitioner then filed an appeal under Section 13 of the Commercial Courts Act, 2015 ( Commercial Courts Act) read with Section 37 of the Arbitration Act before
What would be the appropriate period of limitation applicable to appeals filed under Section 37 of the Arbitration and Conciliation Act, 1996? The Supreme Court said it would examine this issue which...