JUDGMENT :

1. Heard.

2. This appeal arises out of order dated 08.07.2022 passed by the Court of Commercial Judge, Alwar whereby, the application under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as ‘the Act of 1996’) has been dismissed as barred by limitation.

3. Learned counsel for the appellant would argue that even though sufficient cause was shown, the learned Commercial Court has dismissed the application as barred by limitation ignoring the cause shown by the appellant.

4. The Commercial Court holding that the appeal being barred by limitation and was filed beyond the maximum period, which could not be condoned under the provisions of Section 34 (3) of the Act of 1996, has dismissed the appeal.

5. The Hon’ble Supreme Court in the case of Chintels India Limited Versus Bhayana Builders Private Limited, (2021) 4 Supreme Court Cases 602 held as below:-

“11. A reading of section 34(1) would make it clear that an application made to set aside an award has to be in accordance with both sub-sections (2) and (3). This would mean that such application would not only have to be within the limitation period prescribed by sub-section (3), but would then hav