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april 1961

Supreme Court of India · 1961-04-28

NILKANTHA SHIDRAMAPPA NINGASHETTI vs KASHINATH SOMANNA NINGASHETTI AND OTHERS.

Citation / case number
SC 1958/186
Court
Supreme Court of India
Petitioner
NILKANTHA SHIDRAMAPPA NINGASHETTI
Respondent
KASHINATH SOMANNA NINGASHETTI AND OTHERS.
Bench
DAYAL, RAGHUBAR

Judgment text excerpt

The Supreme Court held that under Section 14(2) of the Arbitration Act, 1940, the requirement for 'giving notice' of the filing of an award does not necessitate written communication; oral intimation suffices. The Court ruled that the period of limitation for filing objections under Article 158 of the Indian Limitation Act, 1908, begins only upon notice being given, and since no written notice was provided, the appellant's objections were deemed timely. However, as no objections were raised before the court, the appeal under Section 39(1)(VI) of the Arbitration Act was not maintainable, leading to the dismissal of the appeal.

NILKANTHA SHIDRAMAPPA NINGASHETTI vs KASHINATH SOMANNA NINGASHETTI AND OTHERS. · Niyam