GEOJIT FINANCIAL SERVICES LTD. versus SANDEEP GURAV
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[2025] 8 S.C.R. 1427 : 2025 INSC 1021 Geojit Financial Services Ltd. v. Sandeep Gurav (Civil Appeal No. 10970 of 2025) 19 August 2025 [J.B. Pardiwala and K.V. Viswanathan, JJ.] Issue for Consideration Whether the High Court was justified in dismissing the appeal filed by the appellant on the ground that the appellant had not filed the arbitration petition u/s.34 of the Arbitration and Conciliation Act, 1996 within the period of limitation prescribed therein. Headnotes† Arbitration and Conciliation Act, 1996 – ss.33, 34(3) – Computation of period of limitation – High Court dismissed the appeal on the ground that the appellant had not filed the arbitration petition u/s.34 within the period of limitation prescribed therein – Appellant contended that the impugned order is in direct conflict with Ved Prakash’s decision as the period of limitation for challenging an award would, in terms of s.34(3) of the 1996 Act, commence only from the date on which an application filed u/s.33 of the Act 1996 is disposed of: Held: 1. The impugned order of the High Court does not reflect the correct position of law. [Para 20] 2. Where an application u/s.33 of the 1996 Act has not been filed, the legislature was conscious enough to state that it would be the date of the receipt of the award which would earmark the commencement of limitation for an application for setting aside of an award in terms of s.34 of the 1996 Act – Whereas, in the case where an application u/s.33 of the 1996 Act has been filed, the legislature was conscious enough to lay down that it would be the date of disposal of such request or application, that would be the starting point for calculation of limitation – Where such an application u/s.33 of the 1996 Act is filed, irrespective of whether the arbitral tribunal upon considering such application, either makes or does not make any correction or modification or 1428 [2025] 8 S.C.R. Supreme Court Reports choose to render or to not render an additional award in terms of s.33 of the Act, 1996, the starting point for the period of limitation for challenging the same u/s.34(3) would be the date of disposal of such application u/s.33 by the arbitral tribunal as long as the application u/s.33 of the 1996 Act had been filed within the prescribed period of limitation – Any other interpretation to the contrary, would do violence to plain and unambiguous language used in s.34(3) of the Act, 1996 – What is of significance, u/s.34(3) of the Act, 1996 is the date on which the application or request u/s.33 came to be disposed by the arbitral tribunal – Where a request is made u/s.33 of the 1996 Act, it is immaterial for the purpose of computation of limitation u/s.34(3) whether such request fell within the purview of the said provision or not – What is material is only that such request was made in the manner delineated u/s.33 i.e., it fulfilled the twin conditions of being made; (I) “within thirty days from the receipt of the arbitral award” and (II) “with notice to the other party” stipulated therein – Thus, the impugned order passed by the High Court is set aside. [Paras 35(i), (ii), (iii), (iv), 37] Case Law Cited State of Arunachal Pradesh v. Damani Construction Co. [2007] 3 SCR 416 : (2007) 10 SCC 742 – distinguished. M/s. Ved Prakash Mithal and Sons v. Union of India, 2018 SCC OnLine SC 3181; USS Alliance v. State of U.P., 2023 SCC OnLine SC 778 – referred to. List of Acts Arbitration and Conciliation Act, 1996. List of Keywords Period of limitation; Computation of limitation u/s.34(3); Arbitration petition u/s.34 not within the period of limitation; Date of the receipt of the award; Commencement of limitation for an application for setting aside of an award; Application u/s.33 of the Arbitration and Conciliation Act, 1996; Starting point for calculation of limitation; Date of disposal of application u/s.33; Correction or modification; Additional award; Within thirty days from the receipt of the arbitral award; With notice to the other party. [2025] 8 S.C.R. 1429 Geojit Financial Services Ltd. v. Sandeep Gurav Case Arising From CIVIL APPELLATE JURISDICTION: Civil Appeal No. 10970 of 2025 From the Judgment and Order dated 12.02.2021 of the High Court of Judicature at Bombay in AN No. 67 of 2019 Appearances for Parties Advs. for the Appellant: Ms. Sanjana Saddy. Judgment / Order of the Supreme Court Order 1. Leave granted. 2. The respondent although served with the n
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