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ALOK ARADHE, ROHIT ARYA
State of M. P. – Appellant
Versus
Ram Babu Garg – Respondent
1. In this appeal under section 37 of the Arbitration and Conciliation Act, 1996 (for short “the Act”), appellants have assailed the validity of the order dated 10.4.2014 passed by the trial Court by which objection preferred by the appellants under section 34 of the Act has been dismissed as barred by limitation.
2. Admittedly, an Award was passed by the Arbitrator on 6.2.2013 and the copy of the same was served on the appellants on 10.2.2013. The limitation for filing an application under section 34 of the Act expired on 11.6.2013. Admitedly, an objection was filed under section 34 of the Act on 10.2.2014.
3. Relevant extract of section 34 of the Act reads as under :-
“34. Application for setting aside arbitral award. -- (1) Recourse to a Court against an arbitral award may be made only by an application for setting aside such award in accordance with sub-section (2) and subsection (3).
(2) xxx xxx xxx
(3) An application for setting aside may not be made after three month have elapsed from the date on which the party making that application had received the arbitral award or, if a request had been made under section 33, from the date on which that request had been disposed
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