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january 1996

Supreme Court of India · 1996-01-09

PATEL MOTIBHAI NARANBHAI vs DINUBHAI MOTIBHAI PATEL

Citation / case number
SC 1995/1190
Court
Supreme Court of India
Petitioner
PATEL MOTIBHAI NARANBHAI
Respondent
DINUBHAI MOTIBHAI PATEL
Author
S.C. SEN
Bench
S.C. SEN

Judgment text excerpt

The Supreme Court ruled that under Section 14(2) of the Arbitration Act, 1940, parties must request the Arbitrator to file the Award in court, which they failed to do within the thirty-day limit set by Article 119 of the Limitation Act, 1963. The Court held that since the Award was not filed, the right to challenge it or enforce it was extinguished. Consequently, the suit filed by the respondents for permanent injunction based on the unfiled Award was deemed not maintainable, leading to the dismissal of the appeal.

PATEL MOTIBHAI NARANBHAI vs DINUBHAI MOTIBHAI PATEL · Niyam