VidhiSangh

Supreme Court of India · 10/01/2025

MY PREFERRED TRANSFORMATION & HOSPITALITY PVT. LTD. & ANR. versus M/S FARIDABAD IMPLEMENTS PVT. LTD.

[2025] 1 S.C.R. 729 · 2025 INSC 56

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Summary

The Supreme Court held that a Section 34 petition challenging an arbitral award, filed on the court's reopening after the 30-day condonable period under the proviso to Section 34(3) expired during vacation, was time-barred: Section 4 of the Limitation Act helps only when the 3-month limitation period itself ends on a court holiday, and Section 10 of the General Clauses Act is excluded because the Limitation Act applies. The Court urged Parliament to revisit the stringent position.

Issues

  1. Whether, and to what extent, the provisions of the Limitation Act apply to proceedings under Section 34 of the Arbitration and Conciliation Act, 1996.
  2. Whether Section 4 of the Limitation Act applies to Section 34(3), and if so whether to the 3-month limitation period alone or also to the 30-day condonable period.
  3. Whether Section 10 of the General Clauses Act, 1897 can benefit an applicant whose 30-day condonable period expires on a court holiday.

Provisions considered

Held

Result

Appeal dismissed; the High Court's judgment dated 03.04.2024 affirmed and the Section 34 petition held barred by limitation; no order as to costs.

Judgment PDF: Supreme Court of India, [2025] 1 S.C.R. 729.