EAGLE MPCC (JV) Vs. UNION OF INDIA

JUDGEMENT

(1.) In this petition, a pure question of law arises for consideration on admitted facts viz., whether the respondent shall be entitled to benefit of Section 4 of the Limitation Act, 1963 if an objection is filed beyond the period of limitation of 90 days as provided under proviso to Section 34(3) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the Act' for short).

(2.) The facts leading to filing of this writ petition lie in a narrow compass. An award was received by the respondent on 14.05.2015. Section 34(3) of the Act reads as under:

(3.) The period of limitation of three months as provided in proviso to Section 34(3) of the Act expired on 14.08.2015. The respondent thereafter could have filed an objection upto 13.09.2015 i.e., within a further period of thirty days. However, the objection could not be filed on 13.09.2015 as the same was Sunday and therefore, the objection was filed on the next day i.e., 14.09.2015. In the aforesaid proceeding, the petitioner raised an objection that the objection preferred by the respondent is barred by limitation. However, the Trial Court held that since 13.09.2015 was a Sunday therefore, the objection, which was filed on 14.09.2015 was within the period of limitation. In the aforesaid factual background, the petitioner has approached this Court.