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AKIL KURESHI, S. G. CHATTOPADHYAY
State of Tripura – Appellant
Versus
Binode Behari Das – Respondent
ORDER
Akil Kureshi, CJ. - Heard learned counsel for the parties for final disposal of this Appeal.
2. A short question involved in this Arbitration Appeal is of the correctness of the impugned order passed by the learned District Judge, Unakoti refusing to condone the delay in preferring application under Section 34 of the Arbitration and Conciliation Act, 1996 by the present appellant.
3. Brief facts are as under:
The respondent-contractor and the appellant-State of Tripura had certain disputes arising out of their contractual relationship which gave rise to arbitral proceedings. The Arbitrator passed an award on 15.02.2020 awarding various sums to the contractor under different heads such as the cost of earthwork, balance payment for extra items, price escalation etc. The State Government thereupon preferred an application before the District Court under Section 34 of the Act for setting aside the arbitral award. This application was filed on or around 07.09.2020. The Act provides 90 days for filing application under Section 34 and also authorizes the District Court to condone delay beyond such period, up to 30 days thereafter. The application filed by the State Government was
Limitations under the Arbitration and Conciliation Act, 1996 may be waived in light of extraordinary circumstances, such as a pandemic, as per relevant Supreme Court orders.
The limitation for filing objections under Section 34 of the Arbitration and Conciliation Act and the applicability of Section 4 of the Limitation Act for condonation of delay.
The main legal point established is that the extendable period of 30 days under Section 34 of the Arbitration and Conciliation Act is not the period of limitation, and the benefit of limitation on ac....
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.
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