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.