Commencement of time to execute Award - Time to apply for setting aside of award still not expired - award-holder cannot seek enforcement of award.

Citation

AIROnline 2021 Cal 448

Calcutta High Court

MOUSHUMI BHATTACHARYA , J.

IA - 1 of 2021 D/- 30 - 6 - 2021

SREI EQUIPMENT FINANCE LIMITED v. MARG LIMITED

Arbitration and Conciliation Act (26 of 1996), S.34, S.36 - Execution of arbitral award -

Commencement of time to execute Award - Period of limitation for filing proceedings under

general and special Laws was extended for alleviating difficulties faced by litigants in Covid19

pandemic, till further order -Intention of Supreme Court is to preserve rights of litigants who

would otherwise missed statutory deadlines for instituting proceedings in courts - Award-

debtor's time to file u/S.34 expired on 7th December, 2020 and comes within zone of benefit

given to litigants by order of Supreme Court - Time to apply for setting aside of award still not

expired - Since award debtor's time to apply for setting aside u/S.34 continues to run, award-

holder cannot seek enforcement of award.

 (Paras 11 , 14)