Under Section 34 of the Arbitration and Conciliation Act, applications must be filed within 3 months of receiving the award, extendable by 30 days upon proving sufficient cause; commercial courts lack jurisdiction to entertain Section 34 applications filed beyond this period, and jurisdiction only accrues if a condonation of delay application succeeds.
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Stay first, if the Court has Jurisdiction.#legalshorts #arbitrationlaw #indiancourts #indianlawAdded:
Stay first or coordination of delay first. Hi, I'm Akash Naval. I'm a practicing advocate in India. In my last video, I had raised a question as to whether a commercial court can refuse to entertain my stay application saying that the coordination of delay in filing the application under Section 34 Arbitration and Conciliation [music] Act is pending. Yes, the court can say that an application under Section 34 of the Arbitration and Conciliation [music] Act is to be filed within 3 months from the date on which the party receives the award.
This period of 3 months can be further extended by 30 days only if the party can prove that [music] sufficient cause prevented it from filing the application within the period of 3 months. An application under Section 34 filed beyond [music] this 3 months and 30 days period cannot be entertained by the commercial court as it lacks jurisdiction. And the jurisdiction will accrue only if the coordination of delay application [music] succeeds. Hope I've answered an important question of law.
For more interesting questions of law, stay [music] tuned for my next videos.
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