20 September 2021, Monday

4 years ago

Limitation would not run from the date signed copy of award is received if party does not take steps to procure a signed copy: Himachal Pradesh High Court

20 September 2021 | Himachal Pradesh State Electricity Board Limited v. Shyam Indus Power Solution Pvt. Ltd. | Original Misc. Petition (Main) No. 63 of 2019 | Sandeep Sharma, J | High Court of Himachal Pradesh | 2021 SCC OnLine HP 7311

An arbitral award made on 16 January 2019, but a signed copy made available only on 01 August 2019

A set aside application was filed on 21 October 2019. The plea that the limitation began when the signed copy was received was rejected on the ground that: (i) a signed copy was in fact received by an Assistant Executive Engineer on behalf of the applicant board (ii) even if not, nothing prevented the applicant to apply for a signed copy when it was made aware of the award by respondent’s letter of 05 February 2019 (iii) There is no dispute that limitation runs from the date when a signed copy is received under Section 31 (5) ACA, but that principle would not apply when despite knowing that the award was passed, no steps to procure a signed copy was made.

Read the decision here.

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