Supreme Court of India · 2018-09-26
P.Radha Bai vs P.Ashok Kumar
- Citation / case number
- AIR 2018 SUPREME COURT 5013
- Court
- Supreme Court of India
- Petitioner
- P.Radha Bai
- Respondent
- P.Ashok Kumar
- Author
- N.V. Ramana
- Bench
- S. Abdul Nazeer, N. V. Ramana
Judgment text excerpt
The Supreme Court addressed the applicability of Section 17 of the Limitation Act, 1963, in relation to the delay in filing an application under Section 34(3) of the Arbitration and Conciliation Act, 1996, due to alleged fraud. The Court held that the delay could be condoned if it was proven that the party was misled or deceived, thereby establishing that the Limitation Act allows for such considerations in arbitration matters. The outcome was that the High Court's decision to allow the Execution Petition was upheld, affirming the maintainability of the application despite the delay.