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SANJEEV SACHDEVA, MANOJ JAIN
Union of India – Appellant
Versus
Apcon India – Respondent
JUDGMENT
Sanjeev Sachdeva, J. (Oral) - Appellant impugns order dated 27.02.2023 whereby the petition under Section 34 of the Arbitration & Conciliation Act, 1996 (hereinafter referred to as the Act) filed by the appellant has been dismissed on the ground that same was filed beyond the statutory period of limitation.
2. A tender for mechanised housekeeping contract was floated by the appellant on 29.06.2018. Respondent was the successful bidder and was awarded the contract on 24.12.2018.
3. Certain disputes arose between the parties towards the execution of the contract leading to respondent seeking arbitration. An Arbitral Tribunal was constituted and the subject award was rendered by the Arbitral Tribunal on 15.10.2021.
4. Appellant impugned the award by filing a petition under Section 34 of the Act on 30.09.2022.
5. As per the appellant, in terms of the order of the Supreme Court in Suo Moto Petition No. 3 of 2020 by order dated 15.03.2020, Supreme Court had extended the period of limitation and the period was thereafter extended from time to time Supreme Court granted further 90 days w.e.f. 01.03.2022.
6. In terms of the extended period, appellant could have filed the petition under S
The court's decision was influenced by the interpretation of the period of limitation under Section 34 of the Arbitration & Conciliation Act, 1996, as established by the judgment of the Supreme Court....
The strict timelines for filing objections under the Arbitration and Conciliation Act, 1996, preclude any condonation of delay beyond the specified limits, as established by precedent.
Point of Law : Arbitration and Conciliation - Arbitral Award - Challenged - Section 34 provides that recourse to a court against an arbitral award may be made only by an application for setting aside....
The limitation period for filing a petition to set aside an arbitral award under Section 34 is mandatory and cannot be extended beyond the prescribed time, even for reasons of administrative difficul....
The main legal point established is that the extendable period of 30 days under Section 34 of the Arbitration and Conciliation Act is not the period of limitation, and the benefit of limitation on ac....
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