JUDGMENT :

Subhendu Samanta, J.

1. This is an application u/s 34 of the Arbitration and Conciliation Act, 1996 for setting aside an arbitral award dated 19th May 2016 passed by the sole arbitrator Mr. Shyamaprasad Sarkar, bar at law, Senior Advocate, Calcutta.

2. Mr. Laxmi Pat Surana respondent No.1-in-person to this matter, has raised a point of limitation before this court by submitting that, the instant application u/s 34 of Arbitration and Conciliation Act, 1996, is barred by limitation according to the provision of Section 34(3) of the said Act 1996.

3. The contention of Mr. Surana is that, the award in question was passed and signed on 19th May 2016. The award was received on the same day i.e. on 19th May of 2016. He submits that the instant application u/s 34 of Limitation Act was filed on 17th August 2016. The date of filing of the instant application from the date of receiving of the award is calculated to be 91 days. Mr. Surana submits that Section 34(3) of Act 1996 specifically enumerated, an application for setting aside the award can only be filed within 90 days from the date of delivery of the award. The present petitioner has preferred this application on 91st day. Thus