Section 5 of Limitation Act, 1963 has no application to condone delay in filing a petition under Section 34 of Arbitration and Conciliation Act, 1996 – Mathew P J and Anr. Vs. Cholamandalam Investment and Finance Co Ltd. – Kerala High Court
January 9, 2024
Hon’ble Kerala High Court held that: (i) When the special statute provides specified period of limitation, Section 5 of the Limitation Act has no application. (ii) Section 5 of the Limitation Act, 1963 has no application to condone delay in filing a petition under Section 34 of the Arbitration and Conciliation Act, 1996. (iii) A conjoint reading of Section 34(3) of the Arbitration and Conciliation Act along with its proviso makes the position emphatically clear that challenge against an arbitral award beyond 4 months cannot be entertained, as the said claim is barred by limitation.