Stay first, if the Court has Jurisdiction.#legalshorts #arbitrationlaw #indiancourts #indianlaw

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[00:00:00]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.

[00:00:29]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.

[00:00:56]For more interesting questions of law, stay [music] tuned for my next videos.