Application in High court for correction of calculation
21-Aug-2023 (In Arbitration Law)
we have an award which was against us and was given in 2004 arbitration, the same was upheld in the tribunal and high court in 2010. however, the entire litigation was based on the law of limitation and other grounds apart from the calculation, the award has a serious calculation mistake and leads to a huge amount which went unnoticed initially and at the later stage it was not raised. now the case is in recovery with rcs( registrar of societies) and is pending we have filed for correction of calculation but the rcs in response say they can't do it as the high court has upheld the order, whereas legally any calculation mistake can be corrected at any point of time. can we file an application in high court for correction of calculation will it be accepted? what will be the procedure?
Usually any High Court can be approached under an application seeking correction of any order passed by it. However, if there is a delay of 8 years, there would have to be a substantial reason for why such a calculation was not observed before. Only if the HC is convinced to condone the delay, will they look into the merits. An application for clarifications usually achieves the purpose in these kind of scenarios.
You may file an appeal at with the concerned high court seeking a correction in the said arbitration award. the procedure is simple. however such filing shall be done as soon as possible since the award was passed long ago
It will be difficult to approach the High Court now after such long period of time.
Any how, an effort can be made again to try and have the error rectified.
please seek consultation as your query does not disclose complete information.
Any how, an effort can be made again to try and have the error rectified.
please seek consultation as your query does not disclose complete information.
Please take note -
To assail any order passed by any court law has prescribed particular time period which is known as limitation. Technically your application shall be barred by limitation period but since it is for the correction of calculation error which went unnoticed so you can bring up an application before the court for the correction of same.
To assail any order passed by any court law has prescribed particular time period which is known as limitation. Technically your application shall be barred by limitation period but since it is for the correction of calculation error which went unnoticed so you can bring up an application before the court for the correction of same.
Hello. You may approach the High Court under Section 37 of the Arbitration and Conciliation Act 1996. Please also clarify if the arbitration was done under the 1940 Act and 1996 Act. You may have different remedies if the arbitration was done under the 1940 Act.
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