The period for challenging an arbitral award under Section 34 of the Arbitration and Conciliation Act cannot be extended beyond the prescribed period, as the Act is a self-contained special law and the provisions of the Limitation Act do not apply.

JUDGMENT :

Sharad Kumar Sharma, J.

These bunch of 12 Appeals from Orders, as it has been preferred under Section 37 of the Arbitration and Conciliation Act, 1996, arise out of the impugned order dated 18.07.2023, as passed in respective Miscellaneous Cases being the proceedings under Section 34 of the Arbitration and Conciliation Act, 1996, whereby the proceedings have been dismissed on the ground that the impugned award dated 29.08.2019, as rendered in the respective Arbitration Cases, there has been a belated challenge given to the same, which under law could not be belatedly challenged in accordance with the provisions contained under sub Section (3) of Section 34 of the Arbitration and Conciliation Act, 1996. Consequently, the respective impugned orders have been passed on 18.07.2023, the details of which are given hereunder by way of schedule.

2. To deal with factually, the aforementioned Appeals from Orders emanate from the respective Arbitration Cases as referred to hereinabove, wherein the challenge was given by the appellant to the order which has been passed in the respective Miscellaneous Cases (referred above), which was emanating from an award dated 29.08.2019. The Court of District Judge, Uttarkashi, by the impugned judgment under challenge i.e. 18.07.2023 has dismissed the Miscellaneous Cases on the ground that the proceedings were barred by the provisions contained under sub Section (3) of Section 34 of the Arbitration and Conciliation Act cannot be entertained as the limitation period for its challenge was not extendable, as the Limitation Act will not apply over the proceedings under Section 34 of the Arbitration and Conciliation Act.

3. Briefly stated facts are that in pursuance to certain contractual obligations between the parties and owing to a dispute having arisen between the parties, the matter was referred to the Arbitrator for adjudicating upon the dispute as referred to it as per the terms of the contract, for resolving the dispute through Arbitrator and consequently, an award was rendered on 29.08.2019, which happens to be almost similar in all the cases which are listed today, emanating from the respective Miscellaneous Cases referred to hereinabove in the tabulation.

4. Consequent to the aforesaid award, the proceedings under Section 34 was drawn by the appellant before the learned District Judge, Uttarkashi, by way of the aforesaid cases and the same has been dismissed by the impugned judgment under challenge on the ground that since the award has been put to challenge at a belated stage and the period of limitation, as prescribed therein under sub Section (3) of Section 34 of the Arbitration and Conciliation Act of 1996, is not extendable because the provisions of Limitation Act is not applicable, the proceedings under Section 34 were accordingly dismissed, hence, the instant Appeal from Order, under Section 37 of the Arbitration and Conciliation Act