HC: Time spent before 'wrong' court excluded under Section 14 of Limitation Act while calculating limitation period under Section 34 of Arbitration Act

The Delhi High Court in the case Incite Homecare Products Pvt Ltd Versus R K Swamy Pvt Ltd Erstwhile RK Swamy BBDO Pvt Ltd observed and has held that during the calculation of the limitation period of three months for the application under Section 34(1) of the Act, the time during which the applicant was prosecuting such application before the wrong court is excluded.

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The court in the case noted that the proceedings in the wrong court should be bona fide, with due diligence.

The bench of Justice Dharmesh Sharma was hearing the present matter.

FACTS OF THE CASE

In the present matter, the appellant has filed an appeal under Section 37 of the Arbitration & Conciliation Act, 1996, challenging the impugned order passed by the Tis Hazari Court, Delhi.

The appellant challenged the award under Section 34 of the Act before the Delhi High Court.

Later, the appellant was informed that the decision does not lie with the High Court but instead with the District Judge.