M/S Sar Parivahan Pvt. Ltd. vs. Hindustan Copper Ltd.

Madhya Pradesh High Court (Single Judge)

AA, 58 of 2019, Judgment Date: Dec 04, 2021

Law laid down -

9. Word "dispose off" has been described in Oxford English Dictionary as "to throw away or sell, to get rid of substance that you do not want." In legal sense word "dispose" means that final order has been passed in a case. Word "dispose" is different from word "dismiss" which means "to reject a case". If a case is disposed off then it means it is either allowed or rejected or partly allowed but final order has been passed in a case by which case is over and has come to end.

12. Dismissal of application under Section 34 of Act of 1996 on ground of limitation will come within the purview of refusing to set aside an arbitration award, therefore, appeal under Section 37 will be maintainable if application under Section 34 is dismissed on ground of limitation.

M/S Sar Parivahan Pvt. Ltd. vs. Hindustan Copper Ltd.