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Showing contexts for: arbitration section 12 in M/S Essar Constructions vs N.P. Rama Krishna Reddy on 3 May, 2000Matching Fragments
Again a Division Bench of the Assam High Court in Mafizuddin v. Alimuddin AIR 1950 Ass 191 has said:
Whether objections to an award are dismissed on the merits or they are dismissed on the ground that they are filed beyond time, the Court by dismissing them in effect refuses to set aside the award, and an order refusing to set aside is clearly appealable under S. 30.
In some High Courts, no separate application is filed under Section 5 of the Limitation Act and the prayer for condonation of delay is included along with the prayers made for substantive relief. Courts have entertained appeals from an order dismissing an application on the ground of limitation. Thus, in State of West Bengal V. M/s A. Mondal AIR 1985 Cal 12 DB where an application under Section 30 of the Arbitration Act was dismissed on the ground of limitation, an appeal was entertained. [See also Damodaran V. Bhaskaran 1988 (2) KLT 753] The procedure appears to have been approved by the Supreme Court in the case of Union of India V. Union Building AIR 1985 Cal 337 (DB), where on an appeal to the Supreme Court from an order dismissing an application under Section 30 on the ground of delay, the appeal was remanded to the High Court to be disposed of.