R. K.Transport Company vs Bharat Aluminum Company Ltd. (BALCO) 2025 INSC 438 - S. 34(3) Arbitration Act - Ss. 4,12 Limitation Act
Arbitration and Conciliation Act 1996 - Section 34(3) ; Limitation Act 1961 - Section 4,12(1) - Section 12(1) of the Limitation Act applies while calculating the limitation period under Section 34(3) such that the day from which such period is to be reckoned must be excluded - There is nothing in the statutory language or scheme of Section 34(3) that is contraindicative that Section 12(1) does not apply - Referred to State of Himachal Pradesh v. Himachal Techno Engineers (2010) 12 SCC 210. (Para 11-12) Section 4 of the Limitation Act applies to Section 34(3) of the ACA - Referred to My Preferred Transformation & Hospitality Pvt Ltd v. Faridabad Implements Pvt Ltd. (Para 13)
Arbitration and Conciliation Act 1996 - Section 34(3) - The statutory language of Section 34(3) clearly stipulates the limitation period as “three months”, as opposed to the condonable period as “thirty days”. This difference in language unambiguously demonstrates the legislative intent that the limitation period is 3 calendar months as opposed to 90 days. (Para 8) [Context: SC rejected argument that 3 months must be read as 90 days in the context of Section 34(3)]
