Article 119 (Arts. 158 and 178 of the Act of 1908:
(a) The period of limitation for an application under the Arbitration Act, 1940 for the filing in Court of an award is thirty days and the limitation commences from the date of service of the notice of the making of the award.
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ADVERTISEMENTS:
(b) The period of limitation for an application under the Arbitration Act, 1940 for setting aside an award or getting an award remitted for reconsideration is thirty days and the time of limitation starts to run from the date of service of the notice of the filing of the award.
The Arbitration Act, 1940 has been repealed and the Arbitration and Conciliation Act, 1996 has been enacted in its place which came into effect from 25th January, 1996.
In view of the Sections 34, 35 and 36 of the Arbitration and Conciliation Act, 1996 both the clauses (a) and (b) of Art. 119 have become non-est. As per Section 35 of the Arbitration and Conciliation Act, 1996, the arbitral award shall be final and binding on the party and persons claiming under them respectively subject to the right of any party for applying for setting aside the award in accordance with Section 34 of the Act. Section 36 gives the award of the arbitral tribunal the effect of a Civil Court decree by providing that when the time to make an application to set aside the arbitral award under Section 34 has expired or such application having been made has been refused, the award shall be enforced under the Code of Civil Procedure in the same manner as if it were a decree of the Court.
Even though there is a provision for an application for setting aside the award under Section 34 of the Arbitration and Conciliation Act, 1996, yet the period of limitation has no connection with the Court issuing any notice as there is no provision for filing of the award in Court for making it judgment and decree of the Court.