PRAKASH ACHARYA Vs. SAIRABANU

JUDGEMENT

(1.) Sri Madhukar M Deshpande, learned counsel for petitioner. Sri K.Prasad Hegde, learned counsel for respondents 1 to 3. Petition is admitted. With the consent of the parties, the same is heard finally.

(2.) In this petition under section 115 of Civil Procedure Code, 1908 the petitioner assailed the validity of the order dated 14.06.2018 by which the trial Court has condoned the delay in filing the suit under section 34 of Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'Act' for brevity).

(3.) Facts giving rise to filing of this petition briefly stated are: According to the petitioner, the award was passed on 10.03.2014 and a copy of the award received by the respondents on 20.04.2015. The period of 90 days expired on 19.07.2015. It is also the case of the petitioner that period of 120 days expired on 19.08.2015. In view of bar contained in proviso to Sec. 34(3) of the Act, the Court could not have condoned the delay period beyond 120 days. However, an application under Sec. 34 of the Act for setting aside the award was preferred on 04.06.2018 and the trial Court in cryptic and cavalier manner has condoned the delay in filing the suit under Sec. 34 of the Act. In the aforesaid factual background this revision has been filed.