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1 - 10 of 28 (0.48 seconds)Assam Urban Water Supply & Sew. Board vs M/S. Subash Projects & Marketing Ltd on 19 January, 2012
26. This court in Assam Urban [Assam Urban Water Supply and Sewerage
Board v. Subash Projects and Marketing Ltd., (2012) 2 SCC 624; (2012) 1 SCC
(Civ) 831; 2012 SCC OnLine SC 68.] considered the applicability of section 4 of
the Limitation Act, in a situation when the condonable period of 30 days expired
on a court holiday. The brief facts are that the appellants received the arbitral
Company Appeal (AT) (CH) (Ins) No. 367 / 2025 Page 11 of 20
awards on August 26, 2003, the 3- month limitation period expired on November
26, 2003, on which date the court was open. The further condonable period of 30
days expired during court vacation between December 25, 2003 to January 1,
2004. The application under section 34 was filed on January 2, 2004, on the date
of court reopening. This court upheld the dismissal of the section 34 application
on the ground of delay, as the same could not be condoned.
The Limitation Act, 1963
Section 10 in The General Clauses Act, 1897 [Entire Act]
Section 34 in The Arbitration Act, 1940 [Entire Act]
Bhimashankar Sahakari Sakkare ... vs Walchandnagar Industries Ltd. (Wil) on 10 April, 2023
30. The logic of the above reasoning in Bhimashankar [Bhimashankar
Sahakari Sakkare Karkhane Niyamita v. Walchandnagar Industries Ltd. (WIL),
(2023) 8 SCC 453; 2023 SCC OnLine SC 382.]
The Arbitration Act, 1940
Section 5 in The Limitation Act, 1963 [Entire Act]
V Nagarajan vs Sks Ispat And Power Limited on 22 October, 2021
14. The ultimate conclusion has been drawn by the Hon'ble Apex Court in Para
11.1 of the Judgment in the matter of V. Nagarajan (supra).
Mobilox Innovations Private Ltd vs Kirusa Software Private Ltd on 21 September, 2017
In Mobilox
Innovations P. Ltd. v. Kirusa Software P. Ltd. [(2017) 205 Comp Cas 324
(SC); (2018) 1 SCC 353; (2018) 1 SCC (Civ) 311; 2017 SCC OnLine SC
1154.] , while interpreting section 9 of the Insolvency and Bankruptcy Code,
2016, this court underscores the Insolvency and Bankruptcy Code's strict
procedural discipline, i.e., only applications strictly conforming to statutory
requirements can be entertained. This principle is also applicable to
limitation issues under section 61(2), as it supports the idea that Tribunals
must operate within the bounds of the Code, without adding equitable or
discretionary powers not conferred by statute.