JUDGMENT :

Moushumi Bhattacharya, J.

1. This is an application for setting aside of an Award dated 30th September, 2021 passed by a learned sole Arbitrator. The ground taken for relief is that the Arbitrator was unilaterally appointed by the respondent.

2. Learned counsel appearing for the respondent/award-holder takes a point of maintainability of the application on the ground that the application has been filed beyond the prescribed limitation under Section 34(3) of The Arbitration and Conciliation Act, 1996 read with the proviso. According to counsel, while the Award is of 30th September, 2021, the present application has been filed on 10th April, 2023 which is way beyond the timelines prescribed under Section 34(3) read with the proviso.

3. The point of maintainability is required to be answered first.

4. Section 34(3) of the 1996 Act prescribes three months from the date of the award being received by the applicant for filing of an application for setting aside of the award. The proviso gives the applicant an additional window of thirty days on sufficient cause being shown to the satisfaction of the Court. The timelines under Section 34(3) and the proviso do not permit any further