Section 34 in The Arbitration And Conciliation Act, 1996
34. Application for setting aside arbitral award.
(1) Recourse to a Court against an arbitral award ... application for setting aside such award in accordance with sub-section (2) and sub-section (3). (2) An arbitral award may be set aside
Section 34 in The Arbitration Act, 1940
34. Power to stay legal proceedings where there is an arbitration agreement .-Where any party to an arbitration
being contained in
sub-sections (2) and (3) of Section 34. Secondly, as the marginal
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note of Section 34 indicates, “recourse” to a court ... section (4) under which, on receipt of an application under sub-
section (1) of Section 34, the court may adjourn the Section 34
proceedings
thereafter. (emphasis added)
34. Section 34(3) deserves careful scrutiny and its
characteristics must be highlighted:
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(a) Section 34 is the only remedy ... application under subsection (1) or (5) of
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Section 33 or under subsection (1) of
Section 34”.
49. In view of the above
after the said provision of section 34(5) was inserted in section
34 , the said provision under section 34(5) cannot be made applicable ... 34(6) cannot be read in isolation but have to be read
with section 34(1) and section 34 (2) . Section 34(5) cannot
Arbitration Petition No.
427 of 2013 [the earlier Section 34 petition] under Section 34 of the
Arbitration Act. In the said petition, respondent ... parties, Section 42 of the Arbitration Act would be
applicable only if an application inter alia under Section 9 or under
Section 34 is made
proceeding within meaning of Section 34 of the Arbitration Act. Section 34 of the Arbitration Act specifically provides that the defendant has to file such ... steps in the proceeding as provided in Section 19 of the Arbitration Act. 1889 or Section 34 of the Arbitration Act, 1940 and therefore
award
under Section 34 of the 1996 Act has to be
made within the time prescribed under sub
section (3) of Section 34 ... proviso to
Section 34(3) and has held that an application
for setting aside an arbitral award under
Section 34 of the Arbitration
that proviso to Section 19 which
requires the deposit to be made before an application under Section 34
of the Arbitration Act is filed ... arbitration was pursuant to the arbitration agreement referred to in
section 7(1) of the Arbitration & Conciliation Act, 1996.
37. In my view, section
Arbitration Act is not
applicable to the statutory remedy as provided under Section 2(iv) of the
Arbitration Act. That apart, Section 34 ... Section 34 as well as an appeal under Section 37 . Further, in
terms of Section 3-E read with Section 3-D and Section
