Limitation for setting aside an arbitral award commences on receipt of a signed copy; photocopies satisfy statutory requirements under modern arbitration practices.

1. This appeal is against a judgment and order dated 29th June, 2015 passed by the learned single Bench rejecting the application filed by the appellant, being AP No. 174 of 2015, under S.34 of the Arbitration and Conciliation Act, 1996 , hereinafter referred to as 'the 1996 Act' , for setting aside an award, made by an arbitral tribunal of three arbitrators of the Indian Council of Arbitration, on 21st February, 2014, in arbitration of disputes between the appellant and the respondent, as rectified by an order dated 4th March, 2014.

2. The said application under S.34 of the 1996 Act has been rejected on the ground that it had filed beyond a period of three months and thirty days from the date of receipt of the award, as corrected. S.34(3) provides as follows:
'An application for setting aside may not be made after three months 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 S.33, from the date on which that request had been disposed of by the arbitral tribunal: Provided that if the Court is satisfied that the applicant was prevented by sufficient cause from making the application within the said period of three months it may entertain the application within a further period of thirty days, but not thereafter.'

3. The award as corrected was received by the appellant on 18th March, 2014. On 18th July, 2014 the appellant filed an application in Delhi High Court under S.34 of the 1996 Act, challenging the said award. The said application was, however, dismissed by an order dated 11th November, 2014 on the ground that Delhi High Court lacked territorial jurisdiction to entertain the said application. A certified copy of the said order dated 11th November, 2014 was received by the appellant on 25th November, 2014.

4. On 9th February, 2015, that is, about two and half months after the receipt of a certified copy of the order dated 11th November, 2014 of the Delhi High Court dismissing the said application, the appellant filed an application in this Court under S.34 of the 1996 Act for setting aside the award, which has given rise to the judgment and order under appeal.

5. As noted by the learned single Bench, the appellant had filed an application under S.34 in the Delhi High Court, after a lapse of almost three months and thirty days from the date of receipt of the corrected award, or may be, a day short thereof. The Delhi High Court dismissed the application on 11th November, 2014.

6. Even if the time between the date of filing of the setting aside application in the Delhi High Court, and the date of receipt of a certified copy of the order of the Delhi High Court, dismissing the said application is excluded, even then the application in this Court should have been filed, not later than on 26th November, 2014.

7. In view of S.34(3) of the 1996 Act, delay beyond three months and thirty days, in filing an application under S.34 of the 1996 Act, for setting aside an award, cannot be condoned under S.5 of the Limitation Act, 1963 .

8. S.29(2) of the Limitation Act, 1963 provides as follows :
'Where any special or local law prescribes for any suit, appeal or application a period of limitation different from the period prescribed by the Schedule, the provisions of S.3 shall apply as if such period were the period prescribed by the Schedule and for the purpose of determining any period of limitation prescribed for any suit, appeal or application by any special or local law, the provisions contained in S.4 to 24 (inclusive) shall apply only insofar as, and to the extent to which, they are not expressly excluded by such special or local law.