My Preferred Transformation & Hospitality Pvt. Ltd. vs Faridabad Implements Pvt. Ltd. 2025 INSC 56 - S 34(3) Arbitration Act -S 4 Limitation Act

Arbitration and Conciliation Act 1996- Section 34(3) ; Limitation Act 1963 - Section 4 ; General Clauses Act, 1897 - Section 10 - Section 4 of the Limitation Act applies to Section 34(3) of the ACA.- Section 4 of the Limitation Act benefits a party only when the “prescribed period’’, i.e. the 3-month limitation period under Section 34(3) expires on a court holiday. In such a situation, the application under Section 34 will be considered as having been filed within the limitation period if it is filed on the next working day of the court- Section 4 of the Limitation Act does not come to the aid of the party when the 3-month limitation period expires on a day when the court was working. The 30-day condonable period expiring during the court holidays will not survive and neither Section 4, nor any other provision of the Limitation Act, will inure to the benefit of the party to enable filing of the Section 34 application immediately after reopening- Since Section 4 of the Limitation Act applies to proceedings under Section 34 of the ACA, the applicability of Section 10 of the GCA stands excluded in view of the express wording of its proviso that excludes the applicability of the provision when the Limitation Act applies. (Para 35)

Arbitration and Conciliation Act 1996- Section 34(3) ; Limitation Act 1963 - Section 5 - Section 5 would not apply as it would render this phrase redundant if a further period was allowed to be condoned through reference to Section 5 of the Limitation Act-A delay beyond 30 days cannot be condoned by recourse to Section 5. (Para 18)

Arbitration and Conciliation Act 1996- Section 34(3) ; Limitation Act 1963 - Section 12 -Section 12 of the Limitation Act applies for the purpose of calculating limitation under Section 34(3), and the same is not excluded by the provisions of the ACA. It held that the day from which the 3-month limitation period is to be reckoned must be excluded as per Section 12(1). (Para 19)

Arbitration and Conciliation Act 1996- Section 34(3) ; Limitation Act 1963 - Section 14 - Nothing in the ACA or in the language of Section 34 excludes the applicability of Section 14 of the Limitation Act. Hence, the time spent by a party who was bona fide prosecuting his remedy before a court that did not have jurisdiction must be excluded while calculating the prescribed period under Section 34(3).

Arbitration and Conciliation Act 1996- Section 34(3) ; Limitation Act 1963 - Section 17 - Section 17 of the Limitation Act does not enable condonation of delay in a Section 34 application beyond the 30-day period when such delay is caused due to fraud played on the applicant party. (Para 22)