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september 2018

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.

P.Radha Bai vs P.Ashok Kumar · Niyam