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ARTICLE · 02 JULY 2018

Limitation Period For Application To Set Aside Arbitration Award

S.S. Rana & Co.
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The Supreme Court of India held in the case of AnilKumar Jinabhai Patel(D) v. Pravinchandra Jinabhai Patel on March 29,2018 that the limitation period for filing of the application...

IndiaLitigation, Mediation & Arbitration
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Introduction

The Supreme Court of India held in the case of AnilKumar Jinabhai Patel(D) v. Pravinchandra Jinabhai Patel on March 29,2018 that the limitation period for filing of the application for setting aside an arbitration award begins from the date of receiving of the signed copy of the award.

Facts

  • Anilkumar Jinabhai Patel (hereinafter referred to as the 'Appellant') and, Pravinchandra Jinabhai Patel (hereinafter referred to as the 'Respondent') are real brothers who together started the business of fertilizer manufacturing, chemical and real estate at Jalgaon.
  • As children of both the Appellants and Respondent grew up and in order to avoid any possible litigation, both the brothers and their family members decided to make division of the assets of the family and therefore, approached Latikaben and Bhikhalal Nathalal Patel who is the sister and brother-in-law of Pravinchandra Patel and Anilkumar Patel and the parties agreed to appoint them as

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