JUDGMENT

Rekha Palli, J.

I.A.1672/2020

1. The present application under Section 14 of the LIMITATION ACT , 1963 filed by NHPC Limited, the petitioner in the accompanying petition preferred under Section 34 of the Arbitration and Conciliation Act, 1996 (the Act), though styled as one seeking condonation of delay, primarily seeks exclusion of the time spent by the petitioner in prosecuting its initial challenge to the arbitral Award before a Court without jurisdiction.

2. The subject dispute arises out of an agreement between the parties for construction of the largest hydroelectric project in the country, on the Subransi River in the states of Assam and Arunachal Pradesh. In the accompanying petition under Section 34 of the Act filed before this Court on 08.01.2020, the petitioner has assailed the award passed by a three-member Arbitral Tribunal on 26.08.2016, which was subsequently rectified on 04.10.2016 whereunder a sum of Rs.424,70,52,126.66/- along with interest at the rate of 14% per annum till the date of payment was awarded in favour of the respondent/claimant.

3. Soon after the passing of the Award, the petitioner had challenged the same by preferring an application under