VidhiSangh

Supreme Court of India · 27/03/2018

ANILKUMAR JINABHAI PATEL (D) THR. LRS. & ANR. versus PRAVINCHANDRA JINABHAI PATEL AND ORS.

[2018] 3 S.C.R. 718 · 2018 INSC 273

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Summary

The Supreme Court upheld dismissal of a family arbitration award challenge as time-barred. The signed award had been received and accepted by Anilkumar Patel expressly for himself and his family members, who had authorised him to act for them. Their subsequent conduct also relied on the award. On those facts, delivery to him complied with section 31(5), and the family could not restart limitation by asserting separate non-receipt nine years later.

Issues

  1. Whether delivery of the signed award to an authorised family representative constituted delivery to the other family parties.
  2. Whether the section 34 challenge filed in November 2005 against the July 1996 award was within limitation.

Provisions considered

Held

Result

Appeals dismissed without costs; High Court determination that the section 34 application was barred by limitation upheld.

Judgment PDF: Supreme Court of India, [2018] 3 S.C.R. 718.