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Wednesday 20 February 2013

Holidays of court curtails time limit of remedy


Assam Urban Water Supply & Sewerage Board v. Subash Projects & Marketing Ltd.,
(2012) 2 SCC 624
  
  Arbitration 
  Arbitration and Conciliation Act, 1996 
  S. 34(3) and proviso - Limitation - Exclusion of period during which court is closed - Availability of - Condition precedent -
 Benefit of exclusion of period during which court is closed is available only when application for setting aside award is
filed within ``prescribed period'' of limitation - It is not available in respect of period extendible by court in exercise of its
discretion,  (2012) 2 SCC 624-A 

     
  Arbitration 
  Arbitration and Conciliation Act, 1996 
  Ss. 43 and 34(3) - Relative scope - Limitation - Held, Limitation Act, 1963 is applicable to arbitration matters covered
under 1996 Act except as expressly provided for under S. 34(3) of 1996 Act,  (2012) 2 SCC 624-B 
     
  Limitation 
  Limitation Act, 1963 
  Ss. 2(j) and 4 - ``Prescribed period'' of limitation - Held, is the period of limitation prescribed under statute - It does not
include period extendible by court in exercise of its discretion, wherever provided, to extend period of limitation,  (2012) 2
SCC 624-C 

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