LI Network
Published on: January 8, 2024 at 11:10 IST
The Delhi High Court has declared that the absence of a stated prayer renders petitions under Section 34 of the A&C Act invalid.
In a ruling delivered by Justices Suresh Kumar Kait and Neena Bansal Krishna, the Court affirmed that petitions lacking a request to annul the challenged award cannot be considered valid. Such petitions, the court emphasized, would amount to mere submissions devoid of relief, making them unrecognizable in seeking redress.
The Court highlighted the crucial nature of including a prayer, asserting that without it, discerning the sought-after relief based on the petition’s assertions becomes impossible. Consequently, petitions without a stated prayer are deemed unsustainable, rendering them void.
Additionally, the Court underscored the adverse impact of condoning delays beyond the prescribed period of 3 months plus 30 days for re-filing petitions under Section 34.
Allowing such delays, the Court reasoned, would lead to prolonged arbitration processes, undermining the very essence and effectiveness of arbitration.
The verdict upholds the dismissal of petitions by a single bench, emphasizing the importance of adhering to the stipulated timelines and requirements outlined in Section 34 of the A&C Act.
