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CS Executive · Jurisprudence, Interpretation and General Laws · Law relating to Arbitration, Mediation and Conciliation

Meera received her copy of a mediated settlement agreement on 1 March. She wishes to challenge it for impersonation and files her application on day 120 after receipt, stating she was prevented by sufficient cause from filing earlier. Under section 28 of the Mediation Act, 2023, what is the position?

The court may entertain the application. Section 28(3) sets ninety days from receipt of the copy, and the proviso permits a further ninety days if sufficient cause is shown. Day 120 lies within the extended window, and impersonation is a valid ground, so the application is maintainable at the court's discretion.

  1. AThe court may entertain it, as the further period of ninety days permits it if sufficient cause is shownCorrect
  2. BThe application is barred because only ninety days are allowed with no extension
  3. CThe application is barred because impersonation is not a ground
  4. DThe court must entertain it as of right since fraud-type grounds have no limit

Explanation

The primary period is ninety days from receipt of the copy. The proviso allows the court to entertain the application within a further ninety days if sufficient cause is shown. Day 120 falls within this extended window, and impersonation is a listed ground.

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