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I. P. MUKERJI, BISWAROOP CHOWDHURY
Union of India – Appellant
Versus
Sanjay Coal Company – Respondent
JUDGMENT :
I. P. Mukerji, J.
1. This is an appeal by the Railways, under Section 37 of the Arbitration and Conciliation Act, 1996. It is against a judgment and order dated 24th August, 2023 made by the learned Commercial Court at Asansol. It was under Section 34 of the said Act for setting aside an arbitral award dated 21st June, 2014 made by a sole arbitrator. The application was dismissed, without the court going into the merits of the matter. The learned judge held that the application was barred by the laws of limitation.
2. The Railways appealed to us.
3. Section 34(3) of the said Act provides that an application to set aside an arbitral award has to be made by the applicant within 90 days of receipt of the award. The court has the power to extend the time for a further period of 30 days if sufficient cause is shown to it, but not thereafter.
4. It is now settled law that any delay beyond 120 days from the date of receipt of the award is not condonable by the court. As the proviso to Section 34(3) prescribes a special period of limitation under Section 29 of the Limitation Act, 1963 [See Union of India vs. Popular Construction Company, (2001) 8 SCC 470 also see Simplex Infrastructu
An application to set aside an arbitral award under Section 34 must be filed within 90 days, extendable by 30 days, and any delay beyond 120 days is not condonable.
The limitation period for challenging an arbitral award under Section 34(3) of the Arbitration and Conciliation Act, 1996 is strict and non-extendable, emphasizing the need for timely recourse to mai....
The statutory limitation period under Section 34(3) of the Arbitration and Conciliation Act is inflexible, and applications filed beyond this period cannot be entertained.
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