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CS Professional · Arbitration, Mediation and Conciliation · International and Emerging Aspects under Mediation Law

Ravi Steels receives the authenticated copy of a mediated settlement under section 19(3) on 1 March. On 20 June, Ravi files a challenge before the competent court alleging that its signatory was impersonated, and shows no reason for the delay. Enforcement under section 27 is subject to section 28. What is the likely outcome?

The challenge is time-barred. Impersonation is a permitted ground, but section 28(3) requires the application within ninety days of receiving the copy, and the further ninety days is allowed only if sufficient cause is shown. The 180-day period relates to registration, not challenge.

  1. AChallenge is admitted, as impersonation can be raised at any time
  2. BChallenge is time-barred, as 90 days have lapsed and no sufficient cause for the extra 90 days is shownCorrect
  3. CChallenge is admitted, as the limit is 180 days
  4. DChallenge is barred because settlements cannot be challenged

Explanation

Impersonation is a valid ground under section 28(2). But the application must be made within 90 days of receiving the copy; 1 March to 20 June is more than 90 days. The further 90 days is available only on sufficient cause, which is not shown. The 180-day period belongs to registration under section 20.

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