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february 2008

Supreme Court of India · 2008-02-26

M/S. Bharat Engineering Service ... vs Executive Engineer And Ors

Court
Supreme Court of India
Petitioner
M/S. Bharat Engineering Service ...
Respondent
Executive Engineer And Ors
Author
Tarun Chatterjee
Bench
Tarun Chatterjee, Harjit Singh Bedi

Judgment text excerpt

The Supreme Court held that the High Court's decision to set aside the arbitrator's award on the grounds of limitation was unsustainable. The Court emphasized that objections under Section 33 of the Arbitration Act, 1940 should be entertained despite delays, provided sufficient cause is shown under Section 5 of the Limitation Act. The Court remitted the matter back to the trial court for a decision on the objections, mandating a reasoned order within six months.

M/S. Bharat Engineering Service ... vs Executive Engineer And Ors · Niyam