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

Ravi received his copy of a mediated settlement agreement on 1 March. He files a challenge application before the competent court on the 100th day, showing he 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. The basic period is 90 days from receipt of the copy, and the proviso to section 28(3) permits a further 90 days if sufficient cause is shown. Day 100 falls in that extended window, but entertaining it is discretionary.

  1. AThe court cannot entertain it because the limit is absolutely fixed at 90 days
  2. BThe court may entertain it, as it is within a further period of 90 days after the first 90 days and sufficient cause is shownCorrect
  3. CThe court must entertain it as of right because it is within 180 days
  4. DThe court may entertain it only if all parties consent to the delay

Explanation

The limit is 90 days from receipt of the copy. Under the proviso, if sufficient cause is shown, the court may entertain the application within a further 90 days. Day 100 falls in this extended window, so the court may entertain it. It is discretionary, not a matter of right, and does not need the other party's consent.

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