JUDGMENT :

Shree Chandrashekhar, A.C.J.

Aggrieved by the decision of the Commercial Court at Dhanbad in Arbitration Case No.1 of 2016, Aviva Life Insurance Company India Limited (in short, Insurance Company) has filed this Commercial Appeal under section 13(1-A) of the Commercial Courts Act, 2015.

2. The Arbitration Case No.1 of 2016 has been dismissed on the ground that a challenge to the arbitral Award cannot be laid beyond the period of limitation under section 34(3) of the Arbitration and Conciliation Act, 1996 (in short, AC Act).

3. The Presiding Officer of the Commercial Court has held as under :

“7. Coming to the issue of Limitation, I find that the award was published on 24/03/2014 which was challenged by the petitioners before this Court on 18.01.2016. Meaning thereby this case was filed beyond the period of limitation as prescribed U/s 34 (3) of the Arbitration and Conciliation Act.

A plain reading of Sub-section (3) along with proviso to the Section 34 of the 1996 Act, shows that the application for setting aside the award on the grounds mentioned in sub-section (2) of Sec