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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MR. JUSTICE TARLOK SINGH CHAUHAN
Lalit Kumar – Appellant
Versus
National Highways Authority of India – Respondent
JUDGMENT :
Tarlok Singh Chauhan, J.
1. This appeal under Section 37 of the Arbitration and Conciliation Act, 1996 (for short, the Act of 1996) is directed against the judgment dated 02.09.2024 passed by the learned District Judge, Mandi whereby he dismissed the application filed by the appellants for setting aside the arbitration award dated 30.05.2023 passed by the Arbitral Tribunal on the ground of limitation.
2. The material facts necessary for the disposal of the present appeal are that the land and building of the appellants were acquired for construction/widening of the National Highway No.21. After completion of codal formalities award No. 46/4 dated 03.05.2018 came to be passed. Since the appellants were aggrieved by the award passed by the competent authority, they filed an application under Section 3 (G)(5) of the National Highway Act, 1956 (for short, ‘the Act of1956) for enhancement and determination of compensation.
3. The respondents contested the said application by filing reply, which eventually led to passing of the arbitration award.
4. Being aggrieved and dissatisfied with the arbitration award, the appellants preferred an application under Section 34 of the Act of 19
The prescribed period for filing an application under Section 34 of the Arbitration Act is three months, and the 30-day extension does not constitute part of this period.
The application under Section 34 of the Arbitration Act was dismissed as barred by limitation since filed after the three-month period following the award, with no eligibility for an extension under ....
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 court emphasized the peremptory language of section 34 of the Arbitration and Conciliation Act, 1996, and the requirement for sufficient cause to condone any delay in filing the application.
Limitation Act shall apply to arbitrations as it applies to proceedings in Court.
The limitation for setting aside an arbitral award begins from the date of receipt of the award, not from the rejection of an application under S.33.
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