Rationale & Relevance
In determining the issue, the Court stated that the import of Section 34 of the Arbitration Act is that it allows any party to seek correction or clarification of an award as long as the clarification is sought within the time stipulated under the section upon notice being given to the other party.
The court also observed that the statute bar of filing setting aside application after 3 months is indeed a legal requirement. It however noted that for this particular case, it is important to determine the statute-bar at the hearing of the application on the application of Sections 34 and 35 of the Arbitration Act to the instant case.
2-MISC APPLICATION NO.468 OF 2019-SUMMARY
2-MISC.NO.E468 2019- EPCO BUILDERS LIMITED VS SOUTH DEVELOPMENT COMPANY LTD – RULING