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CS Professional · Arbitration, Mediation and Conciliation · Mediation: An Introduction and its Process along with Rules

Ravi and Meera mediated a dispute and received an authenticated copy of the mediated settlement agreement on 1 March. Ravi discovers that Meera's signature was obtained by impersonation. He applies to the court on day 120, having been prevented by sufficient cause from applying earlier. What is the position under section 28?

The court may entertain the application. Impersonation is a valid ground, the primary period is 90 days from receiving the copy, and the court can allow a further 90 days if the applicant shows sufficient cause. Day 120 falls within that extended window.

  1. AThe application can never be entertained after 90 days
  2. BThe court may entertain it within a further 90 days if sufficient cause is shownCorrect
  3. CThe court may entertain it within a further 30 days only
  4. DThe application is barred because impersonation is not a ground

Explanation

Impersonation is a ground under section 28(2)(iii). The limit is 90 days from receipt of the copy under section 19(3), extendable by a further 90 days for sufficient cause. Day 120 falls within the extended period, so the court may entertain it.

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