08 October 2021, Friday

2 years ago

Section 14 of the Limitation Act applies to a set-aside petition under Section 34 (3) ACA (Calcutta High Court)

27 August 2021 | Kolkata Municipal Corporation v. Jain Infra Projects Limited | APO 39 of 2021 | Arindam Mukherjee and IP Mukerji JJ | 2021 SCC OnLine Cal 2362

An application to set aside an award was filed after three months but within the discretionary thirty-day period. Approximately a year later, the court ordered that it did not have jurisdiction. After some days, the cause papers were returned to the petitioner, who re-presented to the commercial court that same day.

On the first leg of filing after three months but within the 30 days grace period held, there was sufficient cause within the meaning of Section 34 (3) ACA.

On the second leg, the period spent before the earlier court, held, Section 14 LA applied, and time would be excluded since the proceedings in the earlier court were bona fide.

On the third leg, held, the limitation would run from the date the cause papers were handed up and not the order directing the return of the papers. So, since the petition was filed the same day, there was no delay to be counted.

Read the decision here.


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