National Highway Authority of India v. T. Younis2026 INSC 616 -Ss.34(3), 33 Arbitration Act - Computation Of Limitation
Arbitration and Conciliation Act, 1996 – Sections 33 and 34(3) —For the purposes of computation of limitation under Section 34(3) of the Act, it is the date of disposal of the application under Section 33 of the Act that would earmark the starting point of limitation for filing an application under Section 34 of the Act. Once jurisdiction under Section 33 is formally invoked and such proceedings are entertained by the Arbitral Tribunal, the limitation for filing an application under Section 34 would commence only from the date on which such request is disposed of by the Arbitral Tribunal. (Para 18) Whether the application under Section 33 ultimately succeeds or fails, or whether the Arbitral Tribunal eventually finds that no correction or modification of the award is warranted, is not determinative for the purpose of Section 34(3). What is relevant is that whether the jurisdiction of the Arbitral Tribunal under Section 33 had been formally invoked and that such proceedings remained pending consideration before the tribunal. (Para 15)
Interpretation of Statutes - The Court cannot read into the provision a restriction which the legislature itself has not consciously incorporated. (Para 13)
