JUDGMENT :

Arindam Mukherjee, J.

1. The Appeal arises out of a judgement and order dated 22nd February, 2021 by which an application filed by the appellant under the provisions of Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the said ‘Act’) was dismissed on the ground that the same is barred by limitation.

Facts of the Case:

(a) The appellant suffered an award made and published on 15th February, 2019 (hereinafter referred to as the said Award). The said award was received by the appellant on 27th February, 2019. The appellant on 18th June, 2019 filed an application for setting aside of the said award under the provisions of Section 34 of the said Act (hereinafter referred to as the said application) before the Court of the Learned District Judge, at Alipore. The said application was filed on the 112th day from the date of receipt of the award by the appellant. The said application was therefore, filed beyond three months from the date when the appellant received the said award but, within the further period of 30 days available under Section 34(3) of the said Act to make a setting aside application. The appellant therefor, made a prayer for the