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

Sunrise Pharma received an authenticated copy of a mediated settlement agreement on 1 March. It now alleges that the other party's representative impersonated a director while signing. Under the Mediation Act, 2023, what is the normal limit for filing the challenge application, and the maximum extension on sufficient cause?

The challenge must be filed within ninety days of receiving the copy of the agreement, and the court or tribunal may allow a further ninety days if sufficient cause is shown. Impersonation is a valid ground for challenge under section 28.

  1. A30 days, extendable by 30 days
  2. B60 days, extendable by 30 days
  3. C90 days, extendable by a further 90 daysCorrect
  4. D180 days, with no extension

Explanation

Section 28(3) allows an application within ninety days of receipt of the copy, and the court or tribunal may entertain it within a further ninety days if sufficient cause is shown. Impersonation is a listed ground under section 28(2).

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